Modifying Spousal Support Payments in Illinois

 Posted on December 13, 2024 in Spousal Support

Alimony has various names depending on the state you are in, and in Illinois, it is officially known as "spousal support." These payments are made by one ex-spouse to the other after divorce. They are meant to ensure that the receiving spouse can maintain a lifestyle similar to what they had in married life or have financial support to help them get back on their feet.

However, the amount to be paid is calculated based on information that was true during the time the divorce was settled. As with anything else in life, circumstances can change, leaving some spouses wondering whether it is possible to modify their spousal support arrangement. If this is a question you find yourself asking, speak with a knowledgeable Chicago, IL family law attorney to learn more.

When Can Spousal Support Be Modified?

Spousal support payments cannot be changed simply because one person wants to get more or pay less. In Illinois, you need a valid reason to request a change. Some common reasons include:

• Changes to income: If the person paying support takes a serious pay cut or loses their job, they can ask the court to lower their payments. If they get a significant raise, the other spouse might request increased payments.

• A change in needs: If the receiving spouse’s financial situation improves—for example, they get a better-paying job or inherit money—the paying spouse can ask the court to lower or stop the payments.

• Health issues: If either ex develops a serious health problem that affects their ability to work or increases their expenses, the court might consider a modification.

• Remarriage or cohabitation: In Illinois, when an ex-spouse who receives spousal support moves in with a new partner or remarries, spousal support payments typically end.

Will the Court Grant Me a Spousal Support Modification?

When deciding whether to modify spousal support, courts look at several factors, including both ex spouses’ financial situations and the amount of time that has passed since the original order was signed. A judge will also want to determine whether the changes in circumstance being cited are enough to warrant a modification and specifically, whether they are significant and long-lasting.

What Can I Do to Help My Petition?

While the success of your petition for a modification can depend on several factors, there are things you can do on your end to help its chances of approval. This includes:

• Being honest: Make sure the information you are providing about your finances is truthful and accurate

• Keeping records: You should be collecting documents that can help support your claims, including pay stubs, medical bills, and tax returns.

• Working with an attorney: A lawyer can explain the law and present your case effectively.

Contact a Cook County, IL Spousal Support Lawyer 

Life can be very unpredictable, and as a result, spousal support payment arrangements that made sense for you in the past sometimes need to be adjusted so they can still be fair. If you are thinking about modifying your spousal support, an experienced Chicago, IL family law attorney can make sure you understand the rules and follow the proper steps. At The Law Offices of Curtis Bennett Ross, L.L.C., we are dedicated to helping our clients create arrangements that serve their interests. Call us at 312-984-1514 to learn how we plan to help you.