Legal Question in Family Law in Illinois

My wife asked for maintenance for 10 years. child support was for 2 years. She agreed to take only 300 for child support and 1300 for maintenance for a larger tax break for me. Now I realize that after child support ends , I will still be paying her 1300 for 6 more years. Had I given 20 % for child support , my maintenance would be much lower. Can I do anything about this ? she also agreed for maintenance for 8 years instead of 10.


Asked on 4/17/16, 8:27 pm

1 Answer from Attorneys
Jonathan Shimberg Shimberg and Crohn, P.C.

You have to examine your agreement - it may well say that the maintenance is not modifiable. IF it does, you are DOA. If it is modifiable, you have to allege a substantial change in circumstances to modify the maintenance, Illinois has a maintenance statute will a calculation built in. Look at it before you leap. The maintenance award may have been and still is appropriate under that statute. If that is the case, sorry but that is the law.

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Answered on 4/18/16, 4:50 am


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