Illinois Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment

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US-01898BG
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Description

A decree for alimony is res judicata only as long as the circumstances remain the same as when the court rendered the decree. The doctrine of res judicata is based on the concept that parties should not call upon a court to adjudicate twice the same set of facts. Therefore, a party generally cannot base a motion to modify an order for alimony on the same set of facts that existed when the original order was made.


To justify a modification of an alimony order, a court must find that there has been a change in the material circumstances of the parties since the time of the original order. The burden of proving a change of circumstances is on the party seeking the modification.


This form is a generic example that may be referred to when preparing such a form for your particular state. This motion can be filed by the plaintiff or the respondent and is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

In 2019, these laws were changed significantly, and the formulas below apply to all divorces that were filed in 2019 or later. The basic formula for alimony in Illinois is fairly simple: (33% of the payer's net income) ? (25% of the recipient's net income) = the yearly maintenance paid.

If your spouse qualifies for maintenance, maintenance can be lowered by you earning less and your spouse earning more. Changing your income or your spouse's income is the only way to avoid maintenance if there has been a guidelines order.

Spousal support can be modified in Illinois. This can be done if financial situations change for either party. Modifications to spousal support are not as common as modifications of child support.

The modification of maintenance is covered by 750 ILCS 5/510. An order of maintenance can only be modified or terminated upon a substantial change in circumstances. Most maintenance obligations are for a set period of time, after which they may be subject to review.

Illinois family laws recognize that the circumstances of individuals change from time to time. For this reason, they allow divorcing spouses (or divorced spouses) to modify their marital settlement agreements after experiencing unprecedented, significant changes.

One way to avoid paying alimony is to prove that your marriage only lasted a short time. In Illinois, the courts consider a marriage to be short-term if it lasts less than 5 years. If you show that your marriage fell into this category, it is less likely that the court will order you to pay alimony.

If you would like to modify your divorce decree, your parenting plan, or other orders put in place upon the finalization of your divorce, you must file a Petition for Modification with the circuit court in the county where the original order was entered.

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Illinois Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment