Navigating life after divorce often comes with significant financial adjustments, which can feel overwhelming as you strive to move forward. For those either receiving or providing spousal maintenance, it’s natural to question whether adjustments to the support order may be possible to better address evolving financial needs. At Andrea Heckman Law, we have dedicated years to assisting clients through a range of post-divorce challenges, from matters of child custody to the enforcement of restraining orders. In this post, we will focus on the circumstances under which spousal maintenance modifications may be considered in Illinois and provide insight into the process of requesting these changes effectively.
Illinois spousal maintenance laws are governed by the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/504). These laws outline how the courts determine whether to award spousal maintenance, as well as the amount and duration.
Key factors considered by Illinois courts include:
Courts use standard formulas to calculate the duration and the percentage of income used for spousal maintenance. However, Illinois law also allows modifications if certain conditions arise.
Under Illinois law, a request for a modification of spousal maintenance is valid only if a “substantial change of circumstances” occurs. While every case is unique, some common examples include:
If the paying spouse loses their job (through no fault of their own) or experiences a considerable decrease in income, they may be eligible to request a reduction in their maintenance payments. However, the court will assess whether the income change was made in good faith. For instance:
Courts consider whether the recipient spouse has made efforts to become financially independent. If they’ve re-entered the workforce, completed education, or significantly improved their financial standing, courts may lower or terminate the maintenance payments.
If the recipient begins cohabitating with a romantic partner, the paying spouse can request a termination of spousal maintenance. This applies only if the relationship is romantic—not platonic (such as living with a roommate). Similarly, spousal maintenance obligations automatically end if the recipient remarries.
Circumstances such as a severe medical condition or disability that impacts the earning ability of either party could be seen as a valid reason for modification. Life events like these can alter financial needs and capability.
Cases where there’s a significant shift in either party’s property, debts, or financial obligations may also qualify. For instance, gaining a substantial inheritance or facing bankruptcy can impact financial dynamics.
Keep in mind that substantial change must be proven in court. Filing for modification without sufficient evidence may result in your motion being denied.
If you believe changes to your spousal maintenance arrangement are warranted, follow these steps to request a modification:
Before taking any legal action, it’s crucial to consult an experienced Illinois family law attorney. They can help you understand the judicial process, evaluate your case, and guide you through the requirements.
To request a modification, you’ll need to file a motion to modify spousal support in the court where your divorce decree was finalized. This legal document outlines the reasons for your request and presents evidence of the circumstances justifying the change.
Supporting documentation is key to proving your case. This may include:
Once the motion is filed, a hearing will be scheduled. Both parties will have the opportunity to present their arguments and evidence. The judge will review the information and make a final determination.
Based on the evidence presented, the court may choose to increase, lower, or terminate maintenance payments. Make sure to adhere to the final court order to avoid legal complications.
If you’re considering requesting a modification, keep these tips in mind to increase your chances of success:
1. Hire an Experienced Attorney Â
Family law cases can be complex. Working with a knowledgeable attorney ensures your case is presented clearly and effectively. Â
2. Be Transparent and Honest Â
Provide full disclosure of your financial situation. Attempting to hide assets or income will only hurt your case.
3. Collect Strong Evidence Â
Documentation is key. Gather all relevant records to substantiate your claims.
4. Demonstrate Good Faith Â
Employment or financial changes should occur for legitimate reasons. Courts are unlikely to modify support if the changes are seen as an attempt to evade responsibilities.
5. Act Quickly Â
Address any financial challenges immediately to avoid falling behind on payments or accruing arrears.
Requesting a modification of spousal maintenance in Illinois can significantly improve your financial circumstances—whether you’re the paying or receiving spouse. However, it’s essential to understand the legal grounds and prepare thoroughly before taking action.
At Andrea Heckman Law, we have years of experience assisting clients with post-divorce modifications. If you’re considering requesting a change to your spousal maintenance arrangement, we’re here to help. Contact us today and take the first step toward financial stability today.
Walked in just for consultation, and in less than 45 days, my case was closed! Thanks to attorney Andrea Heckman, with all her passion and professional manner! Couldn’t be happier! Thank you so much for everything! Great attorney for all family needs! Thank you.
From the moment I walked in as a client to the end when everything was complete, I was very pleased with attorney Andrea Heckman, her knowledge, and professionalism! Her whole staff was always helpful. I would use them again if needed and refer them to everyone I know! Thank you.
Andrea Heckman has been my attorney helping/guiding/advocating for my children and I regarding my custody situation. We are in the process of working towards a more equal parenting schedule, and I have faith in her efforts and expertise to accomplish this.
I have used this office since 2018 and have nothing but excellent things to say. Andrea Heckman handled my divorce with no faults. Andrea is currently handling my child custody case and has been on top of everything! Andrea Heckman is an unstoppable force, and I would recommend her to anyone!
I could not ask for a better attorney to represent me during my case which is Andrea Heckman. Anytime I had any questions, I got a response in a timely manner. Andrea walked me through a very difficult time which was a divorce/child custody case. Andrea is very knowledgeable and motivating. The staff has been nothing but welcoming and professional. If I have to go to court for anything, I will definitely be giving this firm a call again.
Heckman Law is handling my divorce/custody. Andrea is very professional, knowledgeable, and responsive. She will take the time to answer and explain any questions you may have. She usually responds within a few hours. Honest about possible outcomes, whether it’s good or bad news. My ex doesn’t want to negotiate or cooperate with anything. Andrea is willing to fight in the courtroom for you. The case is ongoing.
I was represented by Andrea Heckman, and if it wasn’t for her, I would have been so lost. She guided me through my difficult situation. Some lawyers are about money. I knew that Andrea cared about me and my situation.
Ms. Heckman is a great lawyer. She helped me get time with my daughter when my ex was being nasty and refusing to let me see my baby. I thank her for all her hard work.
Ms. Heckman managed our parents’ will and advanced care planning documents expeditiously, skillfully, and with compassion during a stressful situation. We referred her to a family member for divorce with child custody issues, and she was pleased enough to refer her to 2 others for divorce services. A true professional.
Please contact our law office in Rolling Meadows for legal assistance with divorce, child custody, or visitation issues. We serve clients in the Chicago metropolitan area who need the help of an experienced and dedicated family law attorney.