In Oregon, we use the word “compensatory spousal support,” which is a special statutory factor basically stating that you are giving me the spousal support to compensate me for the fact that I worked while you were in medical school. If that word is written into a spousal support order in Oregon, it is very […]
Alimony and Spousal Support
When would you advise someone not to seek a modification?
When there’s a chance that you may have to pay the other side’s attorney fees. Going through this process is very risky unless there’s a very strong chance that you’re going to win. There are cases where the client hasn’t retired yet, is thinking of retiring, or has retired but maybe is still getting some […]
If someone is struggling to pay spousal support, can the amount be reduced?
Chuck Roberts is family lawyer at Momkus McCluskey Roberts, LLC, one of the largest law firms in DuPage County, Illinois.
When seeking a modification, does each spouse pay their own attorney fees?
This is one of the biggest risks of bringing these types of cases. A judge does not have to modify or terminate spousal support. It’s a case-by-case decision, it’s up to the judge’s discretion. The biggest thing that you have to lose by bringing forward one of these cases is a) their own attorney fees, […]
What is some of the evidence that you would need to prove a case to modify spousal support?
We would be looking at all sources of income of both of the parties, especially the spouse that is receiving spousal support. If that spouse has a live-in person or is remarried, we would look at the income provided by that person. If the payor is remarried or living with someone, it’s not the same; […]
Is there a difference between spousal support, alimony, and maintenance in New Jersey?
Spousal support and alimony are both taxable under the IRS code, and maintenance may or may not be taxable. You could be paying for your ex-spouse’s living expenses without realizing that you will be taxed on these funds. For example, if two parties agree that the husband is going to pay the mortgage on his […]
Are those paying maintenance expected to still make payments if their ex lives with a new partner?
Chuck Roberts is family lawyer at Momkus McCluskey Roberts, LLC, one of the largest law firms in DuPage County, Illinois.
If the spouse receiving spousal support gets a job, could their support be decreased or even eliminated?
Oftentimes when a spouse is paying spousal support, it is planned that the spouse receiving support will go back to work. That’s something that’s usually foreseen, that everyone expected. Just the fact that she got a job or is making some decent money, that typically was expected. It’s when that person gets the really great […]
If the payor spouse retires but then decides to work part-time, would the new job be a reason to modify spousal support?
There’s always that question: are you really retiring or are you going to be doing something else that’s less stressful or working part-time? That will be something that’s taken into consideration. If there’s still some sort of award of spousal support, the spouse could come back later and say he was going to retire fully […]
Can a recipient apply to have child or spousal support increased due to a negative change in circumstances?
It depends. Child support and alimony are treated differently by the courts. Alimony is unlikely to increase in terms of duration. It is critical that a party review their Marital Settlement Agreement as to the specific language utilized. Having an experienced and knowledgeable attorney in the divorce process will ensure that the language in the […]
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