Maintenance Attorneys in Barrington
Compassionate Cook County Advocates
Generally, after a divorce, the two separated parties are glad to finally be done with the long and arduous process, and ready to have fresh starts independent of each other. However, there are certain cases where, due to emergency or extenuating circumstances, the two people must maintain a certain relationship. This continuing bind is usually a financial one, sometimes referred to as alimony, spousal support, or spousal maintenance.
Illinois law permits a spouse who has been restricted from a reliable income by injury, illness, or other extreme circumstance, to receive payments from the other spouse. These payments are almost always reserved for the most basic needs of food and housing, but can also help a spouse get necessary training or education so they can support themselves. If you are seeking knowledgeable advice, our maintenance lawyers in Barrington are here to help.
Contact us today so that our qualified maintenance attorneys at Mandas Law can help you understand who qualifies for maintenance and how long support lasts. Ask us about our mediation options for spousal maintenance.
What Affects Maintenance Payments?
Many people assume that any individual who has to pay maintenance to their former spouse is being in some way punished, while the one who receives support is being rewarded. In reality, Illinois courts do not look at the apparent morality of either spouse. Adultery, for example, is neither criminalized nor considered as a qualification for maintenance. However, there are some other key factors that are taken into account, affecting whether or not a spouse gets maintenance, and how much maintenance is supplied.
Some of the most crucial aspects which affect maintenance awards include:
Each spouse’s current income
The amount of property that each partner owns
The individual financial requirements for each partner
Each person’s ability to find work or continue earning in the future
The likelihood that a spouse would be able to increase their salary or income through further employment or education
The amount of time additional education, training or job searching would take
The current standard of living in comparison to the couple’s past standard of living
Each spouse’s age and physical and mental health
The amount of money and time that one spouse contributed to the other spouse’s education, career, or advance in gaining certain qualified degrees or licenses
A legal document, including prenuptial or postnuptial agreements
How Maintenance Works
Here in the state of Illinois, maintenance can actually take a number of different forms and durations. Some maintenance agreements can just be temporary, while others are reviewable after several months. Still others can be permanent. The maintenance might be able to be paid in regular payments, or it could even be made in a single lump sum.
If the maintenance is decreed as being permanent, this really means it will continue unless another event occurs that trumps the legal claim. Such examples include one spouse dying, or the spouse paying maintenance being forced to retire, or even a remarriage of the maintenance recipient. On the other hand, there are also alternative forms of maintenance, designed to last only until a spouse has completed the training and education necessary to find support through a normal income.
Provision Modifying Maintenance
If you or the other party is facing significant change in circumstance and would like to modify the maintenance plan, you must seek this action from an Illinois court.
The judge who presides over the case will only grant modification if:
- the factors of the original court decision
- changes in employment
- changes in income
- if the receiving spouse has recently been remarried
- other factors a judge deems relevant
If the judge does not believe your change in circumstance is significant enough to warrant a modification, your request will likely be denied.
Call Today for Qualified Legal Support
Whether you are seeking to stop maintenance or are trying to start gaining alimony support, our maintenance attorneys in Barrington are ready to stand by your side.
Reach out to us now at (847) 906-2555 so that our dedicated team at Mandas Law can make sure you are getting the full support you need and deserve. We serve residents in Cook, McHenry, DuPage, and Lake Counties.
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