Terminating, Reviewing or Modifying Maintenance Awards
Illinois’ Maintenance statute was amended (effective January 1, 2004). It now gives the court nine factors to use as criteria in deciding petitions that seek modification, termination or a review of maintenance. Until January 1, 2004, the courts were limited to the use of the 12 initial criteria of the initial maintenance award.
The nine new statutory factors included in Sec. 510 (a-5) are as follows:
- Any change in the employment status of either party and whether the change has been made in good faith;
- The efforts, if any, made by the party receiving maintenance to become self-supporting, and the reasonableness of the efforts where they are appropriate;
- Any impairment of the present and future earning capacity of either party;
- The tax consequences of the maintenance payments upon the respective economic circumstances of the parties;
- The duration of the maintenance payments previously paid (and remaining to be paid) relative to the length of the marriage;
- The property, including retirement benefits, awarded to each party under the judgment of dissolution of marriage, judgment of legal separation, or judgment of declaration of invalidity of marriage and the present status of property;
- The increase or decrease of each party’s income since the prior judgment or order from which a review, modification, or termination is being sought;
- The property acquired and currently owned by each party after the entry of the judgment of dissolution of marriage, judgment of legal separation, or judgment of declaration of invalidity of marriage; and
- Any other factor that the court expressly finds to be just and equitable.
For More Information:
- Dividing Your Property
- Litigation (Going to Court)
- Child Custody and Visitation
- Cooperative Divorce Law
- Collaborative Divorce Law
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Richard and Kari are staunch advocates of the non-court approach to divorce, and are also active and seasoned litigators with over 60 years of combined trial experience in the Illinois divorce courts of Cook, DuPage, and Will counties.