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    Stephanie McCollom

    Does this also apply in Illinois? Especially the part about an instance where the party getting support (in this case the ex wife) has no home mortgage then the husband’s responsibility to pay child support might be lowered. This can be misleading since a wife who was a homemaker, who supported her husband’s business, or who worked part time or was underemployed because of her role as Mother might not qualify for a home loan. A lender told me that in order for maintenance or alimony to count as income it must be court mandated. Since, a trial would likely be when the issue is settled the wife could scramble to provide a roof by exhausting non-marital assets, borrowing from family or retirement to pay for her home in full at the time of purchase thinking she will return the money at settlement when she qualifies for a loan or when she can find employment to satisfy the lender of creditworthiness thus injuring herself in terms of child support. Should she take out a home equity mortgage 6 months after the closing as is allowed in IL but before trial so that the lack of a home mortgage doesn’t work in favor of the Husband? Would a record of regular repayment to family satisfy the judge in the same way as payment to a financial institution if the loan can be verified with cancelled checks, IRA records and the like? Please advise. Thank you for your informative article and expert advise. Sincerely, Stephanie

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