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

  • Wife desired to have a doctorate in mental health services and relied heavily on her husband to care for their young children while she pursued her career goals. Our client reported that she lost focus on their relationship and likely started to date a fellow student. He did not want to make an issue of the new significant other but he had concerns about having a supportive co-parent and was stressed out about the financial burden of his wife's education, growing children, and increasing extracurricular expenses. Read On

  • Our client was in a very difficult marriage and she was wondering if divorce was the right choice for her and her children. She spent countless hours online trying to research what was best for her and her children. She quickly became overwhelmed with all of the options for parenting time and parenting schedules and tried to turn to family and friends for advice but they were always too busy or minimized her challenges. Read On

  • Our client was an executive at a local corporation and she balanced working full time and raising two children well. Her spouse, however, did not participate much in the rearing of their children and would often isolate himself in the basement rather than spend time with the children or family. The children were struggling with anxiety and issues at school and their father seemed to just check out. The father also worked but he appeared too busy or disinterested to care for the children. To stop the downward trend, our client hired our firm to proactively address the looming divorce. Read On

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The Law Firm of Erin N. Birt, P.C.
2100 Manchester Rd, #954
Wheaton, IL 60187
630-891-2478
630-597-2231 (fax)

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