Maintenance (Alimony) Modifications in DuPage County

 Posted on September 07, 2022 in Spousal Maintenance

When a DuPage County court awards a spouse spousal maintenance, formerly known as alimony, the amount and length of the maintenance are usually determined through the use of statutory guidelines. The court has the discretion to deviate from Illinois statutory guidelines since it evaluates divorce on a case-by-case basis. After assessing marital property, a divorce attorney can determine and advocate for the appropriate type and amount of maintenance. There are five types of spousal maintenance in Illinois.  

Five Types of Spousal Maintenance

A legal formula of the statutory guidelines calculates the amount of maintenance by subtracting 25 percent of the payee's net income from 33.33 percent of the payor's. The maintenance awarded cannot exceed 40 percent of the spouses' combined income. The duration of the maintenance is determined by the length of the marriage multiplied by a specific percentage. For instance, maintenance is awarded at 40 percent of the length of a 10-year marriage, equating to 4 years. At 24 percent of a 5-year marriage, maintenance is calculated at 14 months. The five types of maintenance include the following.

1. Temporary maintenance – While the divorce is pending, a spouse financially dependent on the other spouse can petition the court for temporary maintenance. The petitioner must provide financial statements that validate the urgency of their requirements for maintenance, which can include attorney fees and basic needs. Before awarding the petitioner with temporary maintenance, the court may hold a hearing. Once the divorce is finalized, temporary maintenance ceases, as the decree will likely include long-term maintenance.

2. Fixed-term maintenance – With a stipulated termination date, this type of maintenance is awarded to enable the petitioner to become financially independent. Recipients of fixed-term maintenance could include spouses who forsake a career or an education to undertake homemaking or domestic duties. The petitioning spouse could then have the time to achieve the necessary training or education to increase their earning capacity.

3. Reviewable maintenance – Contingent on the court revisiting the agreement, this type of maintenance is suitable for those who pledge to achieve eventual financial independence. They may be temporarily hindered by parenting responsibilities or illness and cannot seek training or work. Reviewable maintenance can be modified or canceled if the recipient demonstrates insincerity. 

4. Lump-sum maintenance – This one-time payment that the payor pays the payee fulfills the maintenance requirement. The divorcing spouses are then not subject to future modifications and subsequent legal fees. Additionally, a lump sum can enable them to move forward with their lives without the possible burden of future disputes.

5. Indefinite maintenance – Spouses married for 20 years or more are eligible for permanent maintenance. This maintenance is subject to a modification or termination if there is a substantial change in circumstances. Otherwise, indefinite maintenance grants the spouse lifetime financial support.

Modifying the Maintenance Decree

The payee or payor has the right to request a modification if a substantial change in circumstances is proven. These factors can include but are not limited to the following.

• An ex-spouse’s change in employment

• If a change in employment was voluntary or forced

• The payee has defaulted on attempts to be financially independent

• A disability or illness impedes the spouse’s earning capacity

• The payee remarries

• Tax penalties

Contact a DuPage County Alimony and Maintenance Attorney

At Pesce Law Group P.C., a full-service family law firm, our lawyers are proficient in spousal maintenance matters.  With our team of professionals, we treat our clients with dignity, respect, and compassion.  We will explain your options, and strategize and relentlessly advocate for a favorable solution.  If you have concerns about your spousal maintenance, contact an Oak Park family law attorney at 630-352-2240 for a free consultation.

Sources:

https://www.ilga.gov/legislation/ilcs/documents/075000050k504.htm

https://www.realsimple.com/work-life/money/alimony-facts-figures

https://www.investopedia.com/terms/a/alimony-payment.asp