While many people assume or anticipate that their legal disputes with their ex-spouse will end after a divorce, the reality is that parties often find themselves continuing to negotiate, or returning to court, sometimes long after the divorce. Co-parents may decide that they need a new parenting arrangement or that the child support is too high or too low. Ex-spouses may want to adjust alimony or spousal support. The impetus for all of these disputes is usually a change in circumstances, particularly when it comes to support and money.
Occasionally, the change in circumstances may be massive. An ex-spouse may receive a life-changing amount of money; he or she may have received an inheritance, found a new job, or even won the lottery. In those circumstances, it’s only natural to have questions about what this means. For those who have been paying support to now-wealthy ex-spouses, they may have questions about whether their support can be reduced or whether they might now be eligible for support. Those who have been receiving support from now-wealthy ex-spouses may have questions about whether that support can increase now that the ex-spouse has the ability to afford more.
Marital Property and Asset Division
The Illinois Marriage and Dissolution of Marriage Act (IMDMA) identifies the property that is subject to division upon divorce. When parties divorce, only marital property, or property that was earned or acquired during the marriage, is subject to division. The key to understanding whether an ex-spouse has a claim on the newfound jackpot are the answers to several questions. Many different circumstances might have an impact – in the case of an inheritance, the court may want to understand if the inheritance was given to one or both spouses, what did the spouse who inherited the money do with it – spend it, deposit it in a separate bank account or a joint bank account, etc. All of those factors might help determine whether the money is subject to property division during a divorce.
Under most circumstances, if the divorce has already been finalized, no change to the property division can be made.
Spousal Support
Additional income from a windfall may be considered when courts consider modifications of maintenance or spousal support. Therefore, an ex-spouse who is paying spousal support to someone who has gained new wealth may be able to show that he or she has a change in circumstances such that the maintenance should be reduced or terminated. An ex-spouse who is receiving support or maintenance from someone who gained new funds may be able to show a change in circumstances such that the maintenance award should be increased.
Child Support
After support determinations have been made, according to the IMDMA, child support can be modified upon a showing of substantial change in circumstances, such as an increase in income since prior orders. If the parent who is paying support has received an increase in funds or income, the custodial parent may be able to obtain a modification and increase in child support funds for shared children. Since the amount of child support one pays in Illinois is based on the income of the non-residential parent, increase in the income or assets of residential parent may not be a basis for lowering support payments. However, it may support a more favorable sharing of add-on expenses such as health care, curricular and extracurricular expenses.
If you or your loved one has questions about changes to your spousal maintenance or child support in Illinois, contact me for a consultation today. I can help you understand your rights and your options to support yourself and your family.
