Following a divorce, it is common for the parties involved to come to a settlement on a variety of financial issues, including the division of property and child support payments. Commonly referred to as alimony, spousal maintenance is perhaps one of the most common financial settlements arising out of a divorce. The terms of such payments are calculated based on numerous, including the length of the marriage and the financial status of the parties involved. However, these payments are not set in stone and can be altered under certain conditions.
A Significant Change in the Circumstances of Either Party
The most common cause for an alteration or cessation of spousal support payments is a change in financial circumstances. This may include becoming unemployed, a drop in income, entering retirement, or the recipient of the alimony payments becoming independent financially. Under such conditions, a judge will examine several criteria before making a decision as to whether the rate of spousal maintenance is to be modified or rescinded. A firm with Chicago maintenance lawyers can tell you if you meet any of these criteria.
A Change in the Marital Status of the Receiving Party
Leading Chicago maintenance lawyers advise that your obligation to continue making alimony payments is immediately terminated should the recipient of the payments remarry or begin to cohabit with a romantic partner. If you continued to pay maintenance after this time, you are entitled to be fully reimbursed. In some cases, such as when maintenance payments are garnished by your employer, it may be necessary to take court action before changes are made to spousal support payments.
With the Agreement of Both Parties
The law states that couples may come to a private agreement about maintenance payments if it is fair to both parties. While it is not unknown for ex-partners to work together to achieve this, it is usually necessary for the individual who wants to end the financial obligation to request the court to make an adjustment. This may require you to consult a firm of specialist Chicago maintenance lawyers, who will assist you in this endeavor.
Divorce Lawyers Chicago represent clients in all facets of family and divorce law, including child custody and support, spousal support, division of property, and more. Their offices are located in Chicago, and they serve clients throughout the city and surrounding area.
