Spousal Support Modification
If you believe that you have reasons for a spousal support modification, you should speak with a Chicago divorce attorney immediately to assess your situation. Modifying a spousal support order is dependent on many factors, including the wording in the original document which may refer to “alimony” or spousal “maintenance”. All these terms refer to spousal support, which is court order issued when a couple divorces and mandates one spouse to send financial support to the other.
Changes in financial or other circumstances since the court issued the original support order requires an assessment of the options available to modify a spousal support order. That starts with an evaluation of the original spousal support order to determine if the support order is modifiable.
When your circumstances change, contact the divorce attorneys at Anderson & Boback to evaluate your options for spousal support modification.
When an original spousal support order is issued, spouses can agree that spousal maintenance payments continue for an indefinite number of years or for a specified time frame. Under divorce law in Illinois, spouses may also agree to a support order which is not modifiable in duration or amount.
Anderson & Boback our divorce attorneys know how to evaluate your spousal support order and take action for modification. We know what it takes to successfully obtain a modification of the original spousal maintenance order, having helped many ex-spouses modify existing support orders.
Requirements to Obtain a Spousal Support Modification
There are several requirements to meet in order to obtain successful spousal support modification. Changes in the financial circumstances of either party could justify a modification of spousal support. If you are ordered to pay spousal support and have experienced a significant change in your financial situation that makes it difficult or impossible for you to meet the requirements, it is imperative that you speak with a family lawyer immediately.
As provided in the Illinois Marriage and Dissolution of Marriage Act in Section 510, the factors that would be considered a substantial change justifying a modification of spousal support or spousal maintenance include:
- An increase or decrease in either party’s income since the original order
- A change in employment of either party
- The inability to earn current or future earnings of either party
- The receiving spouse becoming self-supporting
- A comparison to the length of the marriage to the duration of support paid and still owed
- Property owned or acquired since the divorce settlement
- Changes to the taxation of spousal support payments
- Additional factors which may constitute a fair and equitable determination
Your petition to modify spousal maintenance must be filed in a timely manner with the detailed evidence presented to the court on why you should pay less than stated in the existing order.
Termination of a Spousal Support Order
Keep in mind there are circumstances that exist that could terminate a receiving party’s right to continue to receive spousal support. If the receiving spouse either cohabitates with a partner or remarries, that could modify or terminate the original spousal support agreement.
Spousal Support Modification Attorneys You Can Trust
Anderson & Boback is a Chicago divorce and family law firm with a strong record of success in helping clients obtain modifications of spousal support including the termination of spousal support orders. We listen to your individual needs with a caring dedication to resolving your spousal maintenance issues. We are experienced in all types of family law and divorce-related matters including modification of spousal support orders. Whether your spousal support order was the result of a military divorce, high asset divorce, or same-sex divorce, our experience and in-depth knowledge of Illinois spousal support laws help clients modify maintenance orders to fit their current financial situation.