Aurora, IL Alimony Modification Lawyers

Skilled Lawyers Helping to Modify or Terminate Alimony Payments in Aurora, Illinois

Life does not stop evolving after a divorce. Job changes, medical issues, remarriage, and other unexpected events can dramatically alter the financial circumstances of you or your ex-spouse. A modification of spousal maintenance (also known as alimony or spousal support) may be appropriate when there has been a substantial change in circumstances. Whether you are the paying spouse or the receiving spouse, you have the right to petition the court to review and possibly adjust your existing maintenance order.

At The Law Office of Matthew M. Williams, P.C., we can help you evaluate your eligibility for a spousal support modification, and we will work with you to navigate the legal steps required to pursue or defend against a change in maintenance obligations. With more than 20 years of family law experience in Kane, Kendall, and DuPage counties, we can provide you with knowledgeable representation to help you address your legal concerns effectively.

When Can Spousal Maintenance Be Modified?

Spousal maintenance may be modified when there has been a substantial and continuing change in circumstances that has affected the financial situation of either party. Common reasons for modifications of spousal support include:

• Change in Income: A significant decrease in income may justify a reduction in the amount of support that a person is required to pay. At the same time, a substantial increase in the recipient's income may reduce or eliminate the need for continued support.
• Loss of Employment or Involuntary Reduction in Hours: If the payor loses their job or experiences a reduction in working hours through no fault of their own, they may request a reduction in the support they are required to pay. The court will evaluate whether the job loss is genuine and whether the person is making a good faith effort to regain employment or has experienced a permanent disability that could affect their income-earning capacity.
• Major Health Changes or Disability: An illness or injury that significantly impairs a party's ability to work may warrant an adjustment to the amount of maintenance. Increased medical needs or expenses related to long-term care may influence the court's decision in these cases.
• Changes in Financial Needs: If either party's financial obligations increase due to changes in housing, medical expenses, or dependents, the court may consider adjusting the amount of maintenance that will be paid going forward.
• Retirement: When the paying spouse reaches retirement age and retires in good faith, the court may reduce or terminate their maintenance obligations. Courts will consider the retiree's reasons for retiring, whether retirement is voluntary or mandatory, and whether the retirement was foreseeable at the time of the original divorce judgment.
• Remarriage or Cohabitation: If the receiving spouse remarries, maintenance will terminate automatically. Additionally, if the recipient begins cohabiting with a new partner in a marriage-like relationship, the paying spouse may request that maintenance be terminated. Any spousal support payments made after the recipient remarried or began cohabiting with a new partner should be refunded to the payor.

Procedures for Modifying Spousal Support in Illinois

The party requesting a modification must file a petition to modify maintenance with the court. The petition should include detailed reasons for the request and documentation supporting the claimed change in circumstances. The other party may respond to the modification request, addressing the issues raised in the petition.

Each party may be required to provide updated financial disclosures, including income statements, tax returns, employment records, and documentation of any changes in expenses or financial obligations. In some cases, the parties may attempt to reach an agreement outside of court through negotiation or mediation. If an agreement cannot be reached, the case will proceed to a hearing. A judge will evaluate the evidence and make a decision about whether to modify or terminate maintenance or leave the existing arrangements in place.

Contact Our Aurora, IL Spousal Maintenance Modification Lawyers

If you have experienced financial changes or believe that your spousal support order no longer reflects your current situation, it is important to act quickly to help ensure that you will not face ongoing financial difficulties. At The Law Office of Matthew M. Williams, P.C., we can help you request modifications to spousal maintenance, or we can help you respond to a modification request by your ex-spouse. Contact our Aurora alimony modification attorneys at 630-409-8184 to discuss these issues in a free, confidential consultation.