Legal Question in Family Law in Illinois
Modifying Maintenance
My divorce was final on Dec 31, 1997. Since then I have paid $900.00 a month in maintenance. Both my children are over 20, and not in school..one still lives at home, and is empolyed full time. I have remarried in 2000. My ex wife, I believe does odd jobs, such as sell avon, write stuff for the girl scouts of america etc, plus I hear she gets a monthly check from her mom for early inheritance. Can I go to court without a laywer and get the maintenance stopped or reduced? And if I chose to do so, could the judge, if she were to get a lawyer make me pay her fees..and increase her maintenance based on my promotions and incresed wages? thank you for your time.
2 Answers from Attorneys
Re: Modifying Maintenance
Any of the above is possible. Yes, you can go to court to modify maintenance. Yes, you can do it without a lawyer. Yes, you can get maintenance stopped or reduced if the facts and evidence are in your favor, and if you know what you are doing, and if you present your evidence and arguments well. Yes, the judge can order you to pay for your wife�s attorney to defend against your motion to modify. And yes, the judge could increase your maintenance payments based upon your increased income.
Should you choose to pursue this, see a lawyer first.
Re: Modifying Maintenance
Yes to all your questions - your new relationship will also be a factor - basically, when you go into court, you just present all of your income evidence and get discovery to produce hers and the judge will determine either an increase or decrease - therefore, you do open yourself up to the possibility of an increase and attorneys' fees.
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