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LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37855
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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My husband is paying Maintenance to s ex wife, $500 per week

Customer Question

My husband is paying Maintenance to his ex wife, $500 per week for the last 2 1/2 years. He makes about $40000 less than 2 years, can he get his maintenance lowered and if so what would be the process?
thank you *****
Submitted: 2 years ago.
Category: Family Law
Expert:  LawTalk replied 2 years ago.
Good afternoon Carol,
I'm Doug, and I'm very sorry to hear of your family's situation. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.
1. Whats state ordered the spousal support?
2. Does the support order say anything about modification of support? More specifically is there any language which makes it non-modifiable?
Customer: replied 2 years ago.
State of Illinois
I don't know
Expert:  LawTalk replied 2 years ago.
Good afternoon,
While it is possible in IL to make alimony non-modifiable, it is rare that it is done. In most instances, either party may make a Motion for Modify spousal support.
Unless the support order reads that it is not modifiable, then your husband can file a petition with the court for a Modification of Spousal Support based on a significant change in circumstances and the court will almost certainly lower the amount of support that he is obligated to pay.
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
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I wish you and yours the best in 2015,