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What you need to know about the modification review process for child support orders
Trial judges cannot gaze into a crystal ball and foresee what the future holds - 15 - for the parties. In In re: Marriage of TurrelIll. Upon a five-year review the paritees agreed to it in the Marital Settlement Agreementthe court concluded that although she still suffered from Lyme disease, she was capable of being employed and had just not applied herself sufficiently to become financially independent.
If the parties don't agree, however, the judge's options are somewhat limited. Such requests may be made only upon the happening of a "substantial change in circumstances. There are several cases that stand for the proposition that a spouse paying maintenance may deserve a reduction or termination of the obligation upon retirement.
On the other hand, many employers seek to stay competitive by getting older, more expensive workers off the payroll by offering early retirement plans. The appellate court reversed, noting that Graham failed to show any substantial change in circumstances that would permit the court to consider a modification.
Modification review process
Modifying Maintenance Upon Voluntary Retirement: Folks are living a lot longer these days and many are working later into their senior years. Failure to first show a substantial change in circumstances will block the court from considering any evidence about whether maintenance shoud be modified. Rogers, So. Reynolds, 63 Cal. LEXIS have directly dealt with the impact of retirement on maintenance.
Voluntary retirement, however, can sometimes be considered a special situation. A divorcing couple may agree that maintenance will be non-modifiable, or that it terminate or be modified upon the happening of a certain event or on a certain date.
Board of review
That's not an option in longer marriages. This explains why permanent maintenance is always modifiable or terminable should there occur a substantial change in circumstances. Agreements of Non-Modifiability: Illinois law encourages divorcing couples to settle things in an agreement. This case gets it wrong according to the Supremes in Blum v.
So, what happens when an obligor paying maintenance retires and experiences the resulting decrease in income? If they agree that maintenance will be paid but don't bother to define a terminating or modifying event or date, then the maintenance will go on until one of them requests a review.
Here, Graham had the burden of showing a substantial change in circumstances and until he did so, Virginia didn't have to prove anything. Callleave your infoor schedule schedule a consult.
In longer marriages, the judge may award maintenance for a specific period and set a review date, but the recipient may always seek an extension. Thus, Steven did not have the burden of proving a substantial change in circumstances. So, for marriages of less then ten years the judge may make a maintenance award "non-reviewable," or non-extendable.
In all such proceedings, as well as in proceedings in which maintenance is being reviewed, the court shall consider the applicable factors set forth in subsection a of Section and the following factors:. Illinois courts, however, have been slow to articulate a rule by which divorced spouses can definitively plan for their retirements.
When a couple agrees to reviewable maintenance, there is no need to show a "substantial change in circumstances;" the agreed-to review date is the trigger.
KosterIll. Absent Agreement, Awards Must Be "Reviewable:" The parties always have the option to agree to make the maintenance award terminate at a particular time. Our attoneys are here for you. Speak directly with an experienced divorce and family law attorney at no charge.
An award of permanent maintenance may be modified or terminated either by agreement or as provided in section c of the Act. See In re Marriage of CulpIll. Terminating in this manner violates section cas a matter of law.
Request a modification
Koster -- Graham Turrel didn't have to show a substantial change in circumstances because the parties had agreed to a review date. Intead of getting into the nitty-gritty of defining termination or modification dates and events, many couples simply agree to "reviewable maintenance," and they set a date on which to review the situation.
Unless the parties agree to make maintenance "non-modifiable," maintenance is always modifiable whenever there's been a "substantial change in circumstances. Ready to take the next step?
Filing deadlines and decision mailed dates
Whether permanent maintenance is still required when Janet becomes social security eligible should be a matter to be decided at that time and not now. The court reduced her maintenance payments.
If a court grants maintenance for a fixed period under subsection a of this Section at the conclusion of a case commenced before the tenth anniversary of the marriage, the court may also deate the termination of the period during which this maintenance is to be paid as a "permanent termination. The review may terminate or modify maintenance payments or, set another review date.
In re: Marriage of Smith77 Ill. Need more help?
The general rule in Illinois is that a reduction in the maintenance obligation is not warranted when the payor encounters a voluntary reduction in income. The age of 65 years has become the traditional and presumptive age of retirement for American workers.