Considering Spousal Support Modification? Let’s Discuss Your Options
Facing changes in your life that impact your spousal support arrangement (also known as maintenance or divorce maintenance)? At Anderson Boback & Marshall, we understand the complexities and emotional challenges involved in modifying spousal support orders. Our dedicated divorce and family law attorneys are here to help you navigate these changes with empathy and expertise. Our team approaches each case with empathy and deep legal knowledge, ensuring you’re supported every step of the way.
If you believe that you have reasons for spousal support modification, you should speak with a family law 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 maintenance. All these terms refer to spousal support, which is a 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 Anderson Boback & Marshall to evaluate your options for Modify spousal support.
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 & Marshall 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.
Cohabitation with a new partner can significantly impact spousal support arrangements. If you start living with a new partner, it can change or stop the spousal support you receive. In Illinois, if you move in with someone in a romantic relationship, your ex can ask the court to terminate the support payments. The court will look at how living with your new partner affects your finances. They will check if you share expenses, have joint accounts, or if people see you as a couple.
To ask for a change in spousal support, when you file for a modification, or if you have an annual exchange or true up built into the current order, you need to show:
- The original spousal support order.
- Proof of changes in your financial situation, like pay stubs, tax returns, or letters about job loss.
- Evidence of changes in health or living arrangements.
- Financial statements showing your current income and expenses.
Additionally, for proving a substantial change in circumstances, you can also include the ex-spouse’s financial documents such as pay stubs, bank statements, tax returns, etc., showing a change in their circumstances.
These documents help prove why you need the support amount changed.
Yes, spousal support changes can be applied retroactively, but only from the date you filed the request, not before. The court will make changes if there is proof of a big change in circumstances after the original order. It’s important to file the request as soon as possible to make sure the changes take effect quickly.
Unemployment or a significant change in employment status can be grounds for modifying spousal support. If you lose your job or your income drops a lot, you can ask the court to lower your spousal support payments. If the person receiving support gets a job or a big raise, the paying spouse can also ask to lower or stop the payments. The court will look at how these changes affect both people’s finances before deciding.
To prove a big change in your financial situation, you need:
- Proof of job loss or layoff.
- Copies of job applications or interview emails.
- Records of unemployment benefits.
- A list of your current monthly expenses.
- Medical records if health issues are the reason for the change.
- Any other financial documents showing changes in income or expenses.
The length of the marriage significantly affects the duration of spousal support in Illinois. The state uses a statutory formula to determine how long spousal support should be paid, based on the length of the marriage. The formula calculates the duration as a percentage of the years of the marriage, with the percentages increasing as the length of the marriage increases. For example:
- Less than 5 years: 20% of the length of the marriage.
- 5 years: 24% of the length of the marriage.
- 10 years: 44% of the length of the marriage.
- 15 years: 64% of the length of the marriage.
- 20 years or more: The court may order support for a period equal to the length of the marriage or an indefinite term.
The formula also takes into account income considerations.
It is always best to check the specific statutory formula or consult with an attorney to understand how these guidelines apply to your specific situation.
Illinois Requirements to Obtain a Spousal Support Modification
To modify your spousal support, certain criteria must be met in accordance with Illinois family laws.
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, there factors that would be considered a substantial change justifying a modification of spousal support.
Let’s break down these essential factors, from income changes to legal nuances, ensuring you understand exactly what’s needed for a successful modification
- 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 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. Keep in mind there are circumstances that exist that could end 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
In the complex journey of modification of spousal support, having a trusted legal team is vital. At Anderson Boback & Marshall, we bring a combination of experience, empathy, and legal acumen to every case, focusing on your individual needs and specific circumstances. Anderson Boback & Marshall are Chicago family law attorneys with a track record of success helping clients obtain modifications of spousal support. We listen to your individual needs with a caring dedication to solving your problems. We are experienced in all types of 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.
Anderson Boback & Marshall are Chicago divorce attorneys with extensive experience in all areas of divorce and all types of maintenance and support orders. We provide a thorough assessment of your situation and evaluate your options with spousal support orders. Contact us today to speak with a knowledgeable family law attorney about your questions regarding spousal support modification in Illinois.
