Can my ex get an increase in maintenance amount based solely on my income increasing.?
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Can my ex get an increase in maintenance amount based solely on my income increasing.?
I understood that becasue the original amount took into account the lifestyle, the
need of the payee and the ability of pay of the pay or that the only real reason she
could get an increase were if she showed a real need. This is in Illinois, there are no
chuildren involved.
Asked on May 7, 2018 under Family Law, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Only if:
1) the divorce settlement, agreement, decree, or order stated that it would increase as your income increased, or at least that it could be revisited on that basis--generally, there is no increase if the paying ex-spouse does better economically, but it would be legal if the potential for an increase had been put in place when the support was ordered; or
2) it can be shown that you committed fraud (knowingly lied about) your income, job, economic prospects, etc. when the original maintenance was set--in that case, the fraud could void the original agreement and leave it open to be re-determined.
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