Legal Question in Family Law in Illinois
Child support and Maintanence
I've been married to my hubby for 6 years in IL. We have a 4 year old child. He makes 100K a year and I do not work. I haven't held a job for over a year since being married to him. He asked me to quit working because I didn't make any money on my jobs. So, basically he is the breadwinner and supports our family. Our marriage is going downhill fast and I need to know what are my options trying to leave the marriage? We also bought a home which isn't in my name, but I'm on the deed. He controls the money so I have none really, and not much education. He gives me a low allowance. He says that if we got divorced, I'm not entitled to anything because everything is in his name including the cars we own. All of these things were bought after we got married. PLEASE tell me the truth and what I can do to make sure that I'll be financially okay to take care of our daughter. I need to get out because of all of his selfishness. I just want child support. I really don't want the house because of the fight he'll give me and I can't afford it anyway. Am I entitled to anything other than child support? I also would like to keep my car that he is paying for. Is this asking too much? And am I entitled to all that I'm asking for?
Thanks, so much.
2 Answers from Attorneys
Re: Child support and Maintanence
Although it's relatively a short term marriage, in light of some the factors that you have outlined, you probably would be awarded some maintenance/alimony from your husband as spousal support after the divorce. The child will be entitled to child support assuming that you become the residential custodian of the minor child. Further, you will also be entitled to get a piece of the marital home since it sounds like it may be marital property (would need more information). What your husband has threatened should be taken with a grain of salt, if its marital property, you are entitled to it. If you need any follow up, please email or call me. Good luck!
Re: Child support and Maintanence
Dear Madam:
I'm very sorry to hear about your situation. I can understand how desperate you feel. The good news is that you are entitled to request some short-term maintenance, perhaps enough to cover the car payment, along with the child support. Also, the fact that property is only in his name means nothing. If it was bought during the marriage, it will likely be considered as marital, and with the difference in income, you will probably be awarded more than half. If I can be of further assistance, please feel free to contact me. I'm praying in the meantime for you and your family.
Sincerely,
Gerald Nordgren
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