Three Actions That Could Affect Your Spousal Support Payments

 Posted on June 24, 2022 in Divorce

During an Illinois divorce, the spouses may agree on, or the court may order the payment of spousal support payments, also known as spousal maintenance or alimony, from one party to another. These payments are to ensure that the receiving party is financially secure after the divorce is finalized. The amount and length of the payments are based on several factors, including income, length of the marriage, the receiving spouse’s education and training, any impairment to their becoming self-sufficient, and other factors. However, future modifications to the payments are possible.

Changes in Income, Marital Status, and Health Could All Qualify

Once the payment amount and length are set, life goes on and changes can and will happen to both parties. There are several factors that can qualify for a modification to these payments. 

These include:

• A significant change to either party’s income – If the party who was making the payments gets a promotion or a new position with a substantial increase in compensation, the receiving party can petition the court to increase the monthly payments. If the paying party loses their job or takes a large involuntary cut in pay, they could request that the payments be decreased. The same holds true for the receiving party, who could see payments lowered or eliminated altogether if they receive a large increase in pay or become self-supporting.
• The receiving party gets married or begins living with a new partner – Once the party receiving the payments remarries or starts cohabitating with another person, they are no longer eligible to receive spousal support. The payments must continue up until the wedding date or date of cohabitation.
• A new or worsened medical condition or disability affects either party or a child – The diagnosis of a serious medical condition or the worsening of an existing medical condition could mean higher medical bills, time lost at work due to symptoms or doctor appointments, or even an inability to hold gainful employment. Depending on the circumstances of the change and who is impacted, a medical condition can cause payments to be increased or decreased.

The party seeking the modification must demonstrate to the court that there has been a substantial change that justifies the modification.

Will County Divorce Attorneys for Order Modifications

If you or your spouse is seeking a modification to spousal maintenance orders due to a significant change in circumstances, the Joliet spousal support modification lawyers at Reeder & Brown, P.C. are ready to help. We will review your case and make sure that the payments that you are making or receiving are fair and help you prove it in court. Call 815-885-5980 to schedule your free initial consultation with us today.

Source:

https://www.ilga.gov/legislation/ilcs/documents/075000050k510.htm