The Maintenance Laws in Illinois have rapidly changed partly in response to the new Tax Laws passed by the Federal Government. If you are worried about what you may have to pay, you need to know the current formula and ways to argue against application of that formula!
The kicker is that first the Court has to determine that your wife or husband is entitled to maintenance. Does he or she really qualify?
Here are 4 main arguments you can make:
1. Maybe he or she has enough income or property that he or she doesn’t need it. The Court will even consider whether he or she has government benefits including social security in comparing your two incomes.
2. That he or she has enough education and training that a job is feasible.
3. That he or she has no disability or impairment to working.
4. That he or she does not need the amount of money applying the formula would give him or her based on the standard of living you established during your marriage.
If you can make these arguments, you may convince the judge that your wife or husband is not entitled to full maintenance. Even if you have to pay some maintenance, it may not be as much as you would have to pay if the formula was strictly applied.