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Kane County Unallocated Alimony Lawyers

Attorneys for Unallocated Support in St. Charles, Elgin, and Batavia

There are many complicated issues which couples must take into consideration when negotiating a divorce settlement and working towards a favorable resolution. One such issue, the tax consequences regarding alimony/maintenance and child support payments, can impact both spouses. For example, combining both payments into what is called an “unallocated support” payment may have significant tax advantages.

The Kane County family law attorneys at The Stogsdill Law Firm, P.C. are knowledgeable in handling the tax advantages and disadvantages of divorce. Our attorneys work to obtain the best possible settlement for clients’ financial futures. If settlement is not possible, we are prepared to litigate for our clients in front of a judge.

Understanding Unallocated Support in Illinois

Alimony, which is also called maintenance in Illinois, and child support payments are classified differently by the Internal Revenue Service (IRS). Alimony, according to the Internal Revenue code, is tax-deductible for the paying spouse, and the alimony is taxed as income for the receiving spouse. Child support payments, in contrast, are not tax-deductible for the paying spouse, and the receiving spouse is not taxed for the received payments, as they are not seen as income.

Combining alimony and child support payments into a single payment allows both spouses to use the tax code to their advantage, as the unallocated support allows the paying spouse to treat the entire amount as an income deduction as they would if they solely paid alimony. However, the unallocated support may force the receiving spouse to pay taxes on the payment. This may be a beneficial arrangement for both parties, so it is important to discuss your concerns with your divorce attorney.

Building a Strategy for Unallocated Support

Although it appears that the paying spouse receives more benefits from unallocated support, the income shift to a lower tax bracket may benefit the receiving spouse as well who now pays taxes on the unallocated support payment. It is imperative to discuss the tax consequences of unallocated alimony with an attorney who has experience with support payments and the IRS guidelines governing such decisions. Additionally, both spouses must consent to the decision to have just one support payment if they are to have alimony and child support following divorce.

Contact The Stogsdill Law Firm, P.C. at 630-462-9500630-462-9500 to schedule a consultation if your divorce settlement might benefit from unallocated support. Our attorneys are prepared to discuss your concerns and the circumstances following your divorce which may provide your family with a stable financial future. We are dedicated to providing family law and divorce representation to Kane County residents.

  • DuPage County Bar Association
  • Illinois State Bar Association
  • American Bar Association
  • Rotary of Oak Brook
  • BV Distinguished Rating by Martindale Hubbell
  • American Institute of Family Law Attorneys
  • American Institute of Family Law Attorneys
  • Top 40 Under 40
  • DCBA Law Firm of the Year
    DCBA Law Firm of the Year 2011, 2013
  • Outstanding Service to the Office of the State’s Attorney 2006-2007
    Outstanding Service to the Office of the State’s Attorney 2006-2007
  • Outstanding Misdemeanor Prosecutor 2012
    Outstanding Misdemeanor Prosecutor 2012
  • Client's Choice Award AVVO
    Clients' Choice
  • Thank you for helping me realize how good things really are in my life. I now focus on creating happiness each and every day for me & my girls. Things are definitely looking up!

  • If you are in need of a true advocate, and you are stuck in the family law court system in DuPage then William Stogsdill should be your choice. I feel strongly about his ability and I can't say enough.

  • I just wanted to take a moment to thank you for your professional assistance and advice on my recently dismissed case. I can again look forward to being together with my wife for many more years.

  • Mr. Smit has demonstrated a high degree of loyalty and trust worthiness to his work and to his associates. Justin certainly is an asset to your Law Firm, his organization skills are second to none. I have and will continue to recommend Justin ...

  • You've clearly established a client-focus in your office -- providing your clients with the warmth and understanding they need as they go through a very difficult time. Thank you, again, for all your help.

  • Taking that step to file for divorce was probably one of the most life changing decisions I have ever made. The process is very painful and emotionally draining. I retained Robert Boyd and Justin Smit of The Stogsdill Law Firm, P.C...