Legal Question in Family Law in Illinois

Alimony - Change in Circumstances - Job Loss

My fianc� is 64 and currently pays his ex-wife maintenance in the amt of $400/mo. His ex is 47. He has to pay her through March 2007. Currently my fianc� collects SS and a small pension from the company he retired from. My fianc� works full time as a custodian so he can pay her this $400/month. Recently his employer notified him that they were losing the contract on the building he cleans so now my fianc� is going to be w/o a job eff. 8/1. If my fianc� has to continue to pay his ex out of his SS and pension then it is going to leave him next to nothing to live on. Someone suggested that he could file a motion re: a change in circumstance (w/o an attorney) and possibly have the maintenance stopped or reduced. You should know that he will be eligible to collect unemployment but it will pay him about half of what he earned at his job. Should he file to have the maintenance suspended or modified and what do you think his chances would be? Should he file before he starts collecting unemployment or will it matter? One last thing. If I�m not mistaken I believe the Settlement Agreement portion of the divorce decree states that it cannot be modified. Will that statement hold up in court since he has truly had a change in circumstances?


Asked on 7/27/05, 4:36 pm

1 Answer from Attorneys
Kevin Plachta The Law Office of Kevin F. Plachta

Re: Alimony - Change in Circumstances - Job Loss

How long has he been paying this amount? Given the circustances I would have him file a petition to modify the alimony provision and let a judge rule. He should wait until he is no longer employed so that he has the proper documentation showing that in fact he is not employed.

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Answered on 7/28/05, 2:50 pm


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