Cook County Spousal Support Modification Attorney

Chicago Lawyer for Maintenance Termination Proceedings

Under Illinois law, most family law-related court orders can be modified and updated if there are valid reasons for doing so. Generally, an order for spousal support is one that can be changed when necessary. Whether the original order was intended to be temporary or long-term, it may be possible to obtain a modification if certain conditions are met.

At The Law Offices of Curtis Bennett Ross, LLC, we have been helping individuals in the greater Chicago area with their spousal support concerns since 1984. During that time, we have successfully petitioned for many support order modifications on behalf of our clients. We understand the importance of keeping your maintenance order up to date with your changing circumstances, and we know what the court is looking for in such cases. If you are looking to get your spousal support order modified, you can rely on us to provide the guidance and representation you need.

Factors in Obtaining a Maintenance Modification

According to the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/504), an order for maintenance is permitted to be modified if there is "a substantial change in circumstances" for either party. In most cases, a substantial change in circumstances is a change that affects the income of one of the spouses. Such a change could result from the loss of a job, a promotion with a raise, or a change in one spouse's health.

With more than 30 years of family law experience and his participation on the Family Law Section Council of the Illinois State Bar Association, Attorney Curtis Bennett Ross understands that the easiest way to obtain a modification of your support order is by negotiating with your ex-spouse. If the two of you can reach a reasonable agreement, it is likely to be approved by the court. If you cannot agree on the terms of a modification, however, the court will decide on the matter. When determining whether to grant a modification request, the court is required to consider:

• Any changes to the employment of either spouse and the reasons for the changes
• Whether the party who receives support has made reasonable efforts to become self-supporting
• Impairments of either spouse's earning capacity
• How the parties' tax obligations will be affected
• The length of time payments have been ongoing and how much time is remaining on the original order
• Any other factor the court finds to be relevant

If the modification request is granted, the amount of the ordered payments may be increased or decreased in accordance with the court's findings.

Terminating a Spousal Support Order

Many spousal support orders in Illinois are issued for a pre-determined period of time, based on the length of the couple's marriage. Once that period has expired, the order will be terminated and the paying spouse's obligation will end. There are several situations, however, in which a maintenance order may be terminated before the order expires.

In most cases, a spouse's obligation to make maintenance payments will be terminated if the spouse who receives support remarries. The paying spouse's obligation will also end if the recipient spouse "cohabits with another person on a resident, continuing conjugal basis." Case law in Illinois has determined that this type of cohabitation requires the recipient spouse to be living with a new partner in such a way that they behave essentially as a married couple.

If you are paying maintenance, and your ex-spouse has moved in with a new romantic partner, the team at The Law Offices of Curtis Bennett Ross, LLC can help you seek the termination of your support order. We understand the sensitive nature of such cases, but we also realize that your rights should be protected. With this in mind, we will work hard on your behalf to get you the relief to which you are entitled under the law.

Call 312-984-1514 Today

For more information about modifying or terminating an Illinois spousal support order, contact our office. Call 312-984-1514 for a free, limited introductory consultation today. Our firm represents clients throughout Cook County, including Old Town, Lincoln Park, Greektown, Bucktown, Oak Park, DePaul Area, River North, and downtown Chicago.