Maintenance

/Maintenance

TERMINATION OF OBLIGATION TO PAY MAINTENANCE

Wife was not entitled to rehabilitative maintenance.   She had been cohabiting with another man on a continuing, conjugal basis.  There had been no subsequent reconciliation with her husband. “Unless otherwise agreed by the parties in a written agreement set forth in the judgment or otherwise approved by the court, the obligation to pay future maintenance [...]

By | October 25th, 2018|Maintenance, Spousal Maintainence|0 Comments

MAKE SURE YOU ARE HEARD LOUD AND CLEAR

Former wife appealed from an order of the court.  She had been receiving $1,000 per month for unallocated maintenance and child support.  The court reduced that amount to $430 per month in child support.  She was no longer entitled to maintenance as she had remarried. Her maintenance payment was terminated as of the date of [...]

By | October 25th, 2018|Child Support, Maintenance|0 Comments

DO THE NEW MAINTENANCE GUIDELINES APPLY TO MY CASE?

The new guidelines for calculating maintenance do not apply to proceedings to modify maintenance that were ordered before the 2015 amendment. The Petition for dissolution had been filed in 2005.   Husband had been ordered in 2007 to pay maintenance of $1300 per month. The Trial Court applied the new guidelines.  Wife received permanent maintenance of [...]

By | May 23rd, 2018|Maintenance|0 Comments

THE NEW MAINTENANCE GUIDELINES APPLY TO OLDER CASES

The new maintenance statute came into effect in Illinois January 1, 2016.  The parties divorced a number of years earlier. They went back to court after their divorce. The issue was modification of maintenance. Husband claimed that he was losing his job. He intended to retire. He argued that there was a substantial change of [...]

By | May 18th, 2018|Maintenance, Spousal Maintainence|0 Comments

BE CAREFUL TO PUT IN WRITING WHAT YOU REALLY MEAN

  Wife was granted maintenance in the divorce decree.  She was to get $6200 per month for 60 months. At that time, the maintenance was to be reviewable. That means that wife can request more, depending on her needs. She had to file a petition at that time. It was to be filed before the [...]

By | November 21st, 2017|Maintenance|0 Comments

YOU MAY NOT BE A SPRING CHICKEN, BUT YOU CAN STILL WORK

  Husband did not work regularly for a number of years.  Husband filed for divorce. He asked for permanent maintenance from Wife. Husband had attempted suicide. Later he went through psychiatric treatment. At trial, the parties agreed to terms for Husband’s ability to work. They agreed that he is not disabled.  They also agreed that [...]

By | July 19th, 2017|Maintenance, Post-Decree Issues|0 Comments

YES, THE COURT CAN GET IT WRONG

  Wife was awarded maintenance at the time of the divorce. The trial court directed the wife to remain fully employed. She was to seek out promotions and better job opportunities. It was set for review at a future date. Husband filed a motion to terminate or reduce maintenance for the first review date.  Wife [...]