Legal Question in Family Law in Illinois

I have been divorced over three years and at time of divorce I was ordered to pay maintenance to my ex in amount of $400 per month for 4 years despite the kids living with me and visiting her only every other weekend and dinner one night per week.

As they have grown to 19 and 16. Cost of tuition for him in college has gone up, daughter in private high schoool has gone up. Both have cars, both have expensive insurance, gas, ect all that I pay for. Is there a way to get out of maintenance payment and how do I do that? On top of everything my job impacted by down economy and making it very rough. Since divorce married again and added 4 more dependents too


Asked on 10/14/09, 4:26 pm

1 Answer from Attorneys
Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

I'm sure you can find somewhere else to trim your expenses besides terminating your maintenance to your ex-wife. For instance, why does the 16 year old need a car? Can she manage for another year w/o a car or contribute to or pay the cost of her insurance and gas? Why does she have to attend a private high school in a small town like yours. You don't say where your son is attending college but the same goes for him. He should be contributing to his own expenses and if that means he has to take out loans or apply for grants and scholarships, so be it. Also, you are the one who decided to take on 4 add'l dependents, not your ex-wife and it is your current wife, not you, who is obligated to support these add'l children. Sorry you get no sympathy here and I doubt if you'll get any from a Judge since you have been paying this maintenance for more than 3 years and knew it was a fixed expense before you took on additional expenses.

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Answered on 10/19/09, 5:24 pm


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