Van Schwab is our Family Law Attorney member. Van gave us a presentation about the new law that took effect in Illinois on January 2nd. This law affects alimony (maintenance) distribution. The law has the effect of moving the alimony award to a standard formula rather than having a judge set the amount. The intent is to reduce the number of cases that go to litigation. Van mentioned that certain aspects of the law are still open to interpretation. The old standard was to base child support on a percentage of the income with an increase in percentage based on the number of children who are eligible for support. The new law bases the determination as to whether support is required on 12 defined factors such as: needs , income levels, ability to pay, contributions to the child’s support, even a pre-nuptial agreement can affect the awarded amount. Van also discussed the formulas that can be applied to spousal maintenance based on the number of years a couple is married. The focus is to apply the same standards to most cases on a formula/factor basis.
Van then fielded questions from the membership about issues relating to family law. Remember Van Schwab and his firm Van Schwab, Attorney at Law when you hear your associates mention that they are seeking the services of an attorney to handle family issues such a divorce, separation, child custody or spousal support litigation.