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The recent amendment to the Illinois maintenance statute brought with it many significant changes to the established maintenance law, the most substantial of which is new formulaic approach to the calculation of a maintenance award. The maintenance guidelines formula provides that a court must determine the gross incomes of both parties and then apply a mathematical equation to the parties’ gross incomes to arrive at the maintenance amount.

The amendment provides that, for purposes of calculating the maintenance amount, the term “gross income” means all income from all sources, within the scope of that phase in Section 505 of the Illinois Marriage and Dissolution of Marriage Act. Section 505, which provides for child support, has been the focus of extensive litigation and has developed a significant body of case law interpreting the phrase “income from all sources.” Because of the express reference to Section 505 found within Section 504, that body of case law is now instructive of the phrase “income from all sources” as defined within a maintenance context. I have provided a list of what is included and what is excluded as income under the established case law.

Included as Income

Excluded as Income


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