Any luck modifying alimony?

OFlahertyLaw · 2024-10-12T22:53:00+00:00

Courts have discretion to modify an existing spousal maintenance order if there is a substantial change of circumstances after the entry of the original order. The obligor cannot simply stop paying when circumstances change. Rather he or she must file a motion to modify spousal maintenance, which lays out the basis of the request for a change.

The court will weigh the following factors in order to determine whether a substantial change of circumstances has occurred so as to justify modification of the maintenance order:

Change in the employment status of either party, when the change was made in good faith--meaning that the obligor cannot just quit his or her job with the purpose of reducing maintenance payments.
The efforts made by the recipient of maintenance to become self-supporting. Spousal maintenance recipients are required to make reasonable efforts to become self-supporting. If the obligor is able to prove that the recipient is not doing so, maintenance may be reduced.
Any impairment of the present or future earning capacity of either the obligor or the recipient.
The tax consequences of the maintenance payments upon the economic circumstances of each party.
The duration of the maintenance payments previously paid (and remaining to be paid) relative to the length of the marriage.
The property awarded to each party in the divorce, including the present status of the property. Sometimes the award of property in a divorce to the maintenance recipient is used to reduce the amount of maintenance he or she will receive.
The increase or decrease in each party’s income since the prior order.
The property acquired and currently owned by each party after the divorce.
Any other factors the court finds just and equitable.

Again, this will need to be done through the courts by filing a Motion to Modify. The above information does not constitute an attorney-client relationship, it is merely for information purposes.

SubstantialRegular91 · 2022-12-09T22:12:55+00:00

Every state and country has varying laws - I suggest you start googling it based on where you will divorce to understand what your levers are. Either way - the higher earners gets the short end of the stick in many cases.

The laws are usually designed around protecting spouses who take time off work to support the family. That makes sense to me. How the law is applied in reality is very different. Why should one person who makes more be subject to pay a lower earner when both worked for the duration of the marriage? Crazy... forced financial slavery to another person who is often lazy and under employed by choice. Those situations are painful to see just like when a spouse tries to leave a spouse with nothing who was tasked with looking after the kids.

ThrowThaBalloney · 2022-12-07T12:27:45+00:00

Damn this story is told all the time. I’m in the same boat. Wife makes significantly less than me. When we divorce I’ll have to pay her $14k a year in CS payments and that’s with 50:50 split custody. Luckily I don’t think I’ll have to pay her any alimony. The CS I’m telling her is for our sons college so don’t blow all the fucking money.

upvotersfortruth · 2022-12-07T05:10:39+00:00

Is she demonstrably underemployed?

jaymo54 · 2022-12-07T04:08:46+00:00

I’m from Illinois, my alimony terminates at year 7 or if she cohabitates with another adult. She doesn’t have to move to a new place. If another person moves in, you’re off the hook but you’ll need a Private investigator to prove it. The standard move is to claim “they were just staying with me a little bit”

Alimony is the highest scam. I was making 45k a year and was married 13 years. Had to pay 270 a month in alimony. Such an insignificant amount but that on top of the 650 child support. Basically paying a 1/3 of my monthly gross. I was netting about 1800 a month after that. Things are better but man I hate the idea of alimony. Things get harder and money doesn’t go as far with two households

captainchippsixx · 2022-12-07T02:24:47+00:00

Usually you pay a fee and file and the court will hear it.

derelictherds · 2022-12-07T01:33:52+00:00

My background is similar to yours. Married to a SAHM for 16 years and had to pay a fairly significant amount of alimony. I was able to have it terminated a few years after divorce, but here's the thing... I didn't divorce in Illinois. Alimony laws vary from state to state so IMO your first steps are to familiarize with state law and hire an attorney(if you haven't). In general you want to make sure the conditions for termination and modification are explicitly defined. Leave as little wiggle room as possible and the verbiage should skew in your favour. Make sure an end date is explicitly defined and if possible include conditions for early termination(her re-marriage, cohabitation, etc). Same with modification conditions... spell out the conditions for alimony reduction(changes in your income, your health, etc) and if possible include language prohibiting alimony from being increased. Basically the goal is to mitigate the risk of your ex coming back for more or having alimony reinstated at some point in the future. Some of this might be baked into Illinois law. Your lawyer should be all over this.

Out of curiosity - how do you know your monthly payment will be $2000?

SwamiSweatSocks · 2022-12-06T22:47:15+00:00

Get her income imputed! If she is capable of earning more the court will require it.

wescowell · 2022-12-06T20:48:05+00:00

In IL, maintenance is modifiable unless you agree to make it non-modifiable. The law on this is at 750 ILCS 5/510.

Shovelhead8477 · 2022-12-06T19:57:47+00:00

My situation is different, but similar. I was able to list out multiple conditions that can reduce or even eliminate alimony.

NothingIsEverEnough · 2022-12-06T19:28:28+00:00

Alimony is an order, like any other court order. You can put any conditions into that order that you want. You can certainly request that alimony can be modified, should circumstances in pay change. It will also mean if your pay changes.

Title	Any luck modifying alimony?
Author	waitingforsilence
Upvotes	5
Comments	25
Date	December 6, 2022 7:04 PM UTC (3 years ago)
Subreddit	Posted in /r/Divorce_Men
Original Link	https://old.reddit.com/r/Divorce_Men/comments/zeezm4/any_luck_modifying_alimony/
Archive Link	https://theredarchive.com/r/Divorce_Men/any-luck-modifying-alimony.1144372 https://theredarchive.com/post/1144372

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