Spousal support or alimony is not a punishment paid by the spouse who ‘caused’ the breakdown of the marriage like a lot of people think. Instead, it is paid by the spouse who earns more to ensure that both spouses are financially stable after a divorce. These orders are issued by family courts in Illinois and you have to be comply with them.

However, a spousal support order is not set in stone. In certain circumstances, it can come to an end completely and in other instances, it can be modified. It is recommended to get an experienced family law attorney to increase your chances of getting a favorable order.

When Can the Court Modify the Spousal Support Order?

Any modification to be made to an existing spousal support order is made at the discretion of the court. Before you approach the court for a modification of the order, there must have been some significant change in your circumstances. This change is what should drive the request for a modification.

Before granting or refusing the modification request, there are several factors the court will consider. Some of these are:

1.    Efforts To Become Self-Sufficient

If the spouse paying spousal support can prove that the receiving spouse has not taken any steps to ensure that they become self-sufficient, the court may modify the order and reduce the amount to be paid.

2.    Changes in Employment Status

This change must have come about in good faith. This means that the paying spouse cannot simply quit their job just to avoid paying spousal support.

3.    Property Received and Acquired by Each Spouse

The court will consider the property and benefits each spouse received during the divorce. It will also consider what property the ex-spouses have acquired after the divorce.

4.    Duration of Previous Payments

The court will consider how long payments have been made and how long the marriage lasted in deciding whether or not to modify the order.

5.    Impairments to the Earning Capacity of either Party

If either party sustains a disability or other injury that will affect their ability to earn a stable income, the court will consider it when reviewing a request for modification of spousal support.

The Process for Modification of a Spousal Support Order

Once the circumstances of an ex-spouse change dramatically and any of the above factors are present, a motion can be filed with the court. The court has to be the one that originally entered that existing order. The motion should clearly state the reasons for the modification.

After the motion has been filed, a date will be scheduled for a hearing in court. A notice must be properly served to the other spouse about the court date. The court will listen to the arguments presented by both sides and review the evidence presented if there is any. Afterward, a decision will be made to modify the order or not.

An expert family lawyer can make all the difference during and after your divorce proceedings. Contact us here to get started.