Illinois Lawyer Referrals and Legal Guidance

In Illinois, spousal support/alimony is called maintenance. It is an amount of money that one spouse pays the other during and after divorce. Sometimes, the court decides how much maintenance is paid. Other times, the parties come to an agreement.   It typically happens when one spouse earned much more than the other.  It also typically ends when you re-marry or get a “roommate” that is just like a spouse.

Maintenance can be temporary – during the divorce process – or more permanent. Although it can continue indefinitely, spousal support usually has an end. The support order from the judge, or the agreement signed by the parties, often lays out the specifics.

Maintenance can end on a specific date, such as three years after the divorce is finalized. Sometimes, maintenance continues until a certain event. For example, if the purpose of maintenance is to support the former spouse while they become financially independent, it may end when they become fully employed.

Regardless of what an agreement might say, in Illinois, certain events usually terminate maintenance — death, remarriage or cohabitation.

“Cohabitation” is often disputed because the definition is fairly vague. Basically, cohabitation is living with someone in a continuing, conjugal way. “Conjugal” means marriage-like, but it doesn’t necessarily have to be a sexual relationship. The idea is that if your ex is sharing living expenses with another person, then they probably don’t need maintenance any longer. The courts look at whether there are joint bank accounts and credit cards, whether living expenses are shared, and the type of relationship the two people share.

In some cases, simply having a roommate can end maintenance. Again, the courts are usually focused on the financial situation of the person receiving maintenance. The purpose of spousal support is often to help the lesser-earning spouse get on their feet, and if they are sharing expenses with another person, the court may decide they no longer need the maintenance payments.

If you are seeking to end payments based on cohabitation of your ex, you will have to prove that the living arrangement is the type that will end spousal support. Don’t make the decision yourself and simply stop paying, even if it seems crystal clear. In most cases, you aren’t officially off the hook until a judge says so. So get into court and have your maintenance obligation formally terminated.

Since 2001, findgreatlawyers.com has been the leading resource for Illinois attorney referrals and legal guidance. If you would like our help please contact one of our lawyers via our on-line form or call (800) 517-1614. We are based in Chicago, but help people find attorneys for legal matters throughout Illinois.  All inquiries are free and confidential.

We’re often asked by adult children whether they can collect child support from a parent who never paid when they were growing up. It’s not an easy question to answer. In some cases, back child support is collectible, but there are several variables to keep in mind:

-          It depends on whether there was a child support order from a judge. If so, it’s probably enforceable. There’s generally no deadline in Illinois for collecting on a support order, no matter how old the child is.  Once the order is in place it is there until it is changed.  A parent that tries to delay their obligation only adds interest to what they owe.

-          The parent, not the child, has to petition the court. So if you grew up living with your mother and want to collect back payment from your father, your mother is the one who has to pursue it. She is the only one who can collect the back payments.

-          If you are in college, or about to be, your custodial parent may be able to get child support for your college expenses. A judge will consider the income of the parents, the availability of loans and scholarships, as well as the education plans of the child in making a decision. Every case is different.

If you are an adult child and you believe your mother/father owes back child support, or should be helping out with college, the parent who was ordered to receive the payments must petition the court. We almost always suggest hiring an experienced attorney to help with this, particularly someone who focuses their practice on family law and handles child support issues every day.

Since 2001, findgreatlawyers.com has been the leading resource for Illinois attorney referrals and legal guidance. If you would like our help please contact one of our lawyers via our on-line form or call (800) 517-1614. We are based in Chicago, but help people find attorneys for legal matters throughout Illinois.  All inquiries are free and confidential.