In cases wherein children are involved, the law is very clear – both parents are required to contribute to monthly maintenance payments to ensure the child’s wellbeing.
In some states, this is known as alimony. If the child is in care of neither parent, both parents have to pay maintenance fees – if one parent retains custody, the other has to pay maintenance fees for both the child and spouse.
The exact specifications of each case, however, are where the complications arise and become difficult to deal with. How much should one parent pay, how much should both parents pay, how are visitation rights handled, and what happens after your child turns 18 yet continues to visit one or the other household?
Maintenance law isn’t complicated per se, but in order to secure the financial wellbeing of your child without being exploited by your spouse’s legal side, you need the help of an experienced maintenance attorney in Chicago who has your best interest at heart.
How Life Can Affect Maintenance Obligations
We often remarry after a marriage has ended – but remarrying or the event of a child in a separate marriage doesn’t affect the obligations a parent has to their child. However, circumstances such as these – or more relevantly, circumstances affecting the monthly income and capability of a parent to uphold his or her obligations – can justify reconvening in court to determine the future of a child’s and former spouse’s maintenance obligations.
In most cases, both sides advocate for what is legally known as a clean break. Although clean breaks are not immediately achievable, they’re a road that leads to financial individuality and independence between both sides. Once a court can determine that both parties within the divorce are financially capable of not relying on one another for the safety and wellbeing of the child, a clean break from one side’s financial dependence on the other can be proposed and seen through.