An Increase In Income After An Illinois Divorce

Whether the economy is booming, inflation is increasing or either former partner has devoted themselves to their job after their divorce…people’s incomes go up. Income is the determinator for both child support and maintenance in an Illinois divorce. When income goes down, parties to a divorce either need more support or they cannot afford to pay the current child support and/or maintenance amount. However, what happens if a party to a divorce income goes up? Does child support and/or maintenance go up if a party’s income increases? How Do You Know If Your Spouse’s Income Has Increased After An Illinois Divorce? Typically, a Marital Settlement Agreement will require the parties to exchange tax information to verify their current incomes. If not, a party can allege an increase in income in a motion to modify support based on a presumed increase in income. At that point, the other party must disclose their income by tendering a fresh financial affidavit. “In all post-judgment proceedings in which a party is seeking to establish, modify or enforce an order of maintenance, child support, support for educational expenses pursuant to Section 513 of the Illinois Marriage and Dissolution of Marriage Act,  support for a non-minor child with a disability pursuant to Section 513.5 of the Illinois Marriage and Dissolution of Marriage Act, or attorney’s fees or costs, the parties shall exchange a completed  “Financial Affidavit” unless either party files a written objection with the court and shows good cause why such exchange should not be required.” Cook County Rule 13.3.1(b) The financial affidavit must include supporting documents such as tax returns, W2s, paychecks and bank statements to verify the other party’s income. Modifying Maintenance After An Increase in Income After An Illinois Divorce Maintenance (formerly known as alimony) will have been set in the final Marital Settlement Agreement. That maintenance amount can only be modified after a court finds a substantial change in circumstances. “[M]aintenance may be modified or terminated only upon a showing of a substantial change in circumstances.” 750 ILCS 5/510(a-5) A substantial change in circumstances for the purposes of support “means that either the needs of the spouse receiving maintenance or the ability of the other spouse to pay that maintenance has changed.” In re Marriage of Anderson, 951 NE 2d 524 – Ill: Appellate Court, 1st Dist., 5th Div. 2011 The party requesting the modification must prove the substantial change in […]

from Russell D. Knight | Family Lawyer Chicago https://rdklegal.com/an-increase-in-income-after-an-illinois-divorce/