Can my ex get an increase in maintenance amount based solely on my income increasing.?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption