Experienced Divorce and Family Law Attorneys in Barrington, Illinois
Maintenance, formerly known as alimony, consists of periodic payments made to a dependent spouse exclusively for his/her support. The first determination to be made is whether a spouse is entitled to maintenance. The second determination is the amount of maintenance and the length of time it should be paid.
The statutorily preferred way to provide for the support of a dependent spouse is through an award of property. Thus, instead of awarding maintenance to a dependent spouse, the property may be divided unequally so as to meet the needs of the spouse. If, however, the needs of the spouse cannot be met through an award of property, maintenance may be awarded.
Under Illinois law, awards of maintenance are usually not made for an indefinite period of time, but instead for "the time necessary for the dependent spouse to find appropriate employment." This statutory concept is known as "rehabilitative maintenance," that is, payments in such an amount and for such a period as will bring the dependent spouse to a point where he or she can be financially independent. Although there are cases where maintenance is given for an indefinite period of time, such maintenance awards are usually reserved for cases where a dependent spouse cannot be gainfully employed for reasons of health, age, or lack of ability to acquire training.
Modification
Unless the parties agree otherwise, maintenance installments specified in a prior order can be modified by the court at a later time if there is a substantial change in financial circumstances of the parties. Maintenance payments usually terminate upon the death of either party, or the remarriage or continuing cohabitation by the recipient with a member of the opposite sex.
One circumstance that would justify a request for modification is a situation in which the payer parent becomes unemployed and loses his or her income. The parents can voluntarily agree to change the amount of child support for a specified period. Otherwise, the parent who wants a modification must request a court hearing. In both situations, the court must approve any changes in order for them to be legally enforceable.
The court usually requires a significant change in circumstances to justify the modification. Examples would include a considerable change in the needs of the child(ren), or a major increase or decrease in either partner's income due to a job change or remarriage.
Other changes that could affect the amount of maintenance payments include a reduction in payments upon the emancipation of each child, an increase in payments when a child enters college, or a variety of other changes based upon an event that will affect the need or ability to pay.
Enforcement
In addition to modification of a prior order, one spouse sometimes needs to seek legal assistance to enforce an existing order. The most common issues that require enforcement are nonpayment of child support, or a failure on the part of either the custodial or non-custodial parent to comply with established periods of placement or visitation. Enforcement of the property division is another case in which you should seek qualified legal assistance to get the matter into court to be processed properly.
We're here to help
Legal issues in every divorce are complex. You need the assistance of a competent attorney to help you make informed decisions in your case and to achieve a positive outcome. Please contact the law firm of Joseph M. Lucas and Associates for an initial consultation. One of our experienced, accomplished lawyers will be happy to answer your questions.
Joseph M. Lucas & Associates, L.L.C.
224 West Main Street
Barrington, IL 60010
Phone: 847-381-8700
Fax: 847-381-4329
For more extensive information about Joseph M. Lucas and Associates, our history and the complete description of the legal services we provide, please visit the firm's primary website. There you can find information on a wide variety of legal issues and browse our extensive library of quarterly newsletters that we have published since 1997 on various legal subjects.
Since 1984, Joseph M. Lucas and Associates, L.L.C., has been providing high-quality legal services in the areas of real estate, estate planning and probate, wills and living trusts, business law, personal injury and accidents, divorce and family law to clients in Barrington, Addison, Algonquin, Arlington Heights, Bartlett, Bloomingdale, Barrington Hills, Carpentersville, Deer Park, Hawthorn Woods, Hoffman Estates, Inverness, Kildeer, Lake Barrington, North Barrington, Palatine, South Barrington, Tower Lakes, Lake County, Cook County, McHenry County, DuPage County, and Kane County, Illinois.