Modification of Alimony Lawyer in Illinois

630-891-2478

Alimony, also referred to as spousal maintenance or spousal support, is a series of payments made by one spouse to the other spouse during or after their divorce. Like many ongoing obligations after a divorce, spousal support payments can be modified when certain facts and circumstances exist. You must follow the proper procedures, however, to make sure modification is successful. 

Under DuPage County law, most alimony payments can be modified. At The Law Firm of Erin N Birt PC (Birt Law), we will guide you through the process. We understand it is important to keep any Maintenance order updated to reflect the realities of both parties. If you want to request a modification to a Maintenance order, rely on us to provide the guidance and representation you need.

Factors to Obtain Modifications to Maintenance Payments

To modify court-ordered Maintenance, the court will consider any number of factors. Some of these factors could include:

  • Changes in employment and the reasons for the changes (e.g., a demotion due to company-wide changes versus poor performance)
  • Impairment of either spouse's earning capacity (e.g., one spouse was injured and cannot perform the same job functions)
  • How long payments have been made versus how much longer until they are terminated (e.g., paid only for one year versus ten years)
  • Whether the supported party has made an effort to become self-sufficient (e.g., long-term, progressive work experience versus sporadic work)

Depending on your jurisdiction, a court can consider any other factor it considers relevant. If the modification is approved, the court will confirm the payment increase or decrease in the new order granting the modification.  

Enforcement of Modified Spousal Support in DuPage County

The existing spousal support order remains in effect until the petition to modify is approved by the court. Failure to continue abiding by the existing order can result in arrears. You could also be held in contempt of court, resulting in the possible issuance of a bench warrant for your arrest. If the payor is held in contempt, a portion of your attorneys fees may also be reimbursed to you by your former spouse.

The same is true once the order granting modification is issued. The ex-spouse paying alimony must comply with the order or else risk arrears, contempt of court, and other possible civil and criminal penalties. 

Contact a Divorce Lawyer in Illinois for Modification of Maintenance

It's important to make sure you follow the proper procedures and provide adequate support for your reason to modify a current spousal support order. Not doing so can render your petition for modification useless. Often, we can resolve the modification of support or the enforcement of support out of court, and our family law lawyer can help you in this effort. So, if you need a modification to an existing alimony order, contact The Law Firm of Erin N Birt PC (Birt Law) today at (630) 891-2478 or online.

Recent Case Results

  • In the face of financial turmoil due to her husband's gambling addiction, a young mother sought to relocate with her children for family support. With strategic negotiation, a divorce attorney secured their move while preserving father-child bonds, all while keeping costs low and achieving client satisfaction. Read On

  • Our attorney, Erin Birt, recently represented a wife, we will call Jaime, during her DuPage County uncontested divorce proceedings. In this case, both parties were in complete agreement regarding the divorce, and they, like many of our past clients, had no children or shared property. This similarity positions our firm well to streamline the process and minimize any potential stress or complications for our uncontested divorce clients with no children. Read On

  • Let's call our client John, a hardworking man in his 50s, who, after years of dedicated service to his family, found himself facing the complexities of a divorce. His wife, let's call her Sarah, had taken measures to conceal a significant portion of her income and retirement benefits, and to complicate matters further, she had entered into a new relationship. Read On

Recommendations

Family Centered Divorce ∙ Mediation ∙ Co-Parenting

Birt Family Law is the family centered law and mediation practice with a focus on restorative divorce; offering creative and supportive legal and mediation solutions with one goal: keeping the separating family out of court and working together towards a peaceful resolution.

We offer multiple options to achieve this goal including mediation, coaching, co-parenting strategies, and restorative divorce services. 

Why We Are the Right Firm For You

Birt Family Law is committed to answering your questions about Family Law and Mediation. We'll gladly discuss your situation with you at your convenience. Contact us today to schedule a free 15 min call.

Menu