• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

modifying spousal maintenance

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.



What is the name of your state? Illinois (Chicago)

I was divorced in March. I was foolish enough not to consult an attorney at the time. I agreed to pay my ex-wife a monthly maintenance, for 36 months, which is equal to more than 1/3 of my gross pay. It is taken directly from my paycheck, of course. At the time it seemed like the right thing to do, and I thought I would be able to afford it. Now it is July and I realize that I can't.

I am re-married. My present wife has a six year old son who she has sole custody of and is not being paid child support. She has two teenage daughters who live with their father, but are spending the summer with us. I am the only person presently working. On my net pay (after the maintenance is taken out), I cannot afford to pay all my monthly bills including rent, utilities, and outstanding credit card debts I received in the divorce. My ex-wife makes more money than I do, and she also got sole onwership of the house.

I don't want to weasel out of any past obligations, but I have a responsiblity to my new family to provide for them, too. So, what are my options? How do I go about modifying the present maintenance agreement?

Any assistance or advice is appreciated.


Senior Member
My response:

You said it best . . .

"you can't change the past...."

. . . nor can you change the agreement that you signed. Spousal support, when signed off by the judge, is not modifiable, up or down.



SS is modifiable.....

If there are a change in circumstances is is most definately modifiable. Check with an attorney....shop around too...a lot of them will tell you it can't be done but it can.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential