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Changing Non-Modifiable Divorce Due to Circumstance

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  • 10-10-2012, 01:06 PM
    Mr Mike
    Changing Non-Modifiable Divorce Due to Circumstance
    My question involves marriage law for the State of: Illinois

    Divorced 5 years ago. Court ordered that I pay my ex $1500 a month because she is disabled (she also gets social security / long term disability) and I have a decent paying job now. I'm retiring in January. Once I retire, my montly income will only be 1100.00 after I pay her. She will be netting about $3000 a month. Is there a way to take her back to court due to the income difference when I retire and the difference in what I will make then vice now? Don't really mind paying now, but later seems so unbalanced. I will always have to work to be able to afford to pay her at that level and live myself.
  • 10-10-2012, 02:16 PM
    Foster_Foster
    Re: Changing Non-Modifiable Divorce Due to Circumstance
    This is the sort of thing you ought to have discussed with counsel when ye got the divorce. You're free to take it back to court to ask once you retire, but I have a question: since even if the spousal support weren't deductible to you, you're ok with living off $2,600 a month for the rest of your life? How old are you?

    Before plunking down a huge amount of money (I'd guesttimate if she fights it, you're talking at least a year's worth of spousal support in attorney fees if not far more ... and the court may even expect you to pay HER attorney fees too), I'd want a black and white legal opinion stating details about why the attorney is confident a court would side with you (esp. given she's disabled).

    Her LTD and SS together don't amount to that much, so I'm wondering if whether you reach full SS retirement age whether her claiming against your work record instead of her own wouldn't get her more money every month from the SS (I presume she was married to you for 10 years or more).
  • 10-10-2012, 03:49 PM
    Disagreeable
    Re: Changing Non-Modifiable Divorce Due to Circumstance
    http://www.state.il.us/court/Opinion...ber/105795.pdf

    STEVEN BLUM, Appellant, v. JUDY KOSTER, Appellee.

    Determined the court in IL exceeded its authority by declaring an alimony order unmodifiable.
  • 10-11-2012, 10:41 AM
    Mr Mike
    Re: Changing Non-Modifiable Divorce Due to Circumstance
    Quote:

    you ought to have discussed with counsel when ye got the divorce.
    Attorney said it was a fair deal, but no provisions were put in the decree for my retirement (not good lawyer I guess).

    Quote:

    I'm wondering if whether you reach full SS retirement age whether her claiming against your work record instead of her own wouldn't get her more money every month from the SS (I presume she was married to you for 10 years or more).
    It offsets her long term dis. so she doesn't take it.
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