Maintenance after lose job

[Ender222]

What is the name of your state (only U.S. law)? Illinois

My decree says that I have to pay 30% of my gross income from all sources. But then it also says in the decree how much I made at the time of the divorce (At the time of entry of judgement...husband's annual salary is $XXX).

Am I correct to assume that if I lose my job that the salary that was documented in the decree is irrelevant? And until I get a new job, I would just have to pay 30% of any other income that came in from something like investment income?

Finally, is a pension considered income?

 

[Just Blue]

What is the name of your state (only U.S. law)? Illinois

My decree says that I have to pay 30% of my gross income from all sources. But then it also says in the decree how much I made at the time of the divorce (At the time of entry of judgement...husband's annual salary is $XXX).

Am I correct to assume that if I lose my job that the salary that was documented in the decree is irrelevant? And until I get a new job, I would just have to pay 30% of any other income that came in from something like investment income?

Finally, is a pension considered income?

I STRONGLY suggest you consult with your attorney on this.

 

[stealth2]

I agree with Blue. Also ask him/her whether, IF you lose your job, the most prudent course of action would be to go through the courts so there is no question.

 

[Ender222]

Shocked

I'm actually shocked that this isn't an easy answer. I ignorantly thought the salary amount at the time of the decree was just a point of fact and not to indicate the amount that i was to pay off of from that point forward. I've actually received wage raises since my divorce and have just paid the 30% on the higher amount and didn't think my wife had to go to court to get the additional gross income acknowledged.

The idea of paying 30% of a previous salary by pulling out of savings just seems so obviously unfair.

 

[CTU]

I'm actually shocked that this isn't an easy answer. I ignorantly thought the salary amount at the time of the decree was just a point of fact and not to indicate the amount that i was to pay off of from that point forward. I've actually received wage raises since my divorce and have just paid the 30% on the higher amount and didn't think my wife had to go to court to get the additional gross income acknowledged.

The idea of paying 30% of a previous salary by pulling out of savings just seems so obviously unfair.

There are countless "ifs" and "ands", not to mention "ors" contained in most divorce agreements, hence the recommendation to speak with your attorney.

Also, the state will typically make a distinction between a person who is voluntarily under- or unemployed, versus one who is involuntarily unemployed when considering a motion to modify the original amount; they have to do this, otherwise, we'd have thousands upon thousands of people quit their jobs in order to screw over the other spouse/kids.

 

[stealth2]

A lot will also depend on whether you are actually paying alimony/spousal support/maintenance, or if this is part of a property settlement.

 

[LdiJ]

I'm actually shocked that this isn't an easy answer. I ignorantly thought the salary amount at the time of the decree was just a point of fact and not to indicate the amount that i was to pay off of from that point forward. I've actually received wage raises since my divorce and have just paid the 30% on the higher amount and didn't think my wife had to go to court to get the additional gross income acknowledged.

The idea of paying 30% of a previous salary by pulling out of savings just seems so obviously unfair.

In addition to what other people have said, her bills don't just suddenly stop or reduce because you have less income. Therefore if you were to cause her serious harm (car repo'd, utilities shut off, evicted etc) due to you suddenly stopping or reducing the amount you pay that factors in as well and can cause YOU harm.

You also asked an additional question that I did not see answered, and if it was, pardon my duplication, but yes, a pension is income, unless that pension was already divided as part of the divorce.

 

[Ender222]

In addition to what other people have said, her bills don't just suddenly stop or reduce because you have less income. Therefore if you were to cause her serious harm (car repo'd, utilities shut off, evicted etc) due to you suddenly stopping or reducing the amount you pay that factors in as well and can cause YOU harm.

You also asked an additional question that I did not see answered, and if it was, pardon my duplication, but yes, a pension is income, unless that pension was already divided as part of the divorce.

Thanks for the response. As far as the pension goes, we did split the pension during the divorce. So if I had to give her 30% of my pension as income, I she would be benefiting from her half of the pension and 30% of my half.

 

[HRZ]

The order is as the order is until such time as some party gets it changed...and apparently the EX benefited from OPs increases in income ...so if OPs counted income takes a tumble ...so be it.

THere is a bit of a unaddressed issues as to if a pension once split is still counted income of the portion held by OP