Understanding maintenance designation in Illinois family law

| Aug 8, 2019 | family law |

Spousal support, also referred to as maintenance, is a common topic for dispute in an Illinois divorce. There are many factors that enter into the equation as to which spouse will pay support, which will receive it, how much it will be, how long it will last, and if it can be modified. For those who are concerned about this issue, it is important to understand the oft-forgotten details integral to a case.

The maintenance designation determines the three different categories of maintenance. Knowing these and how they apply to individual cases is important when the decision on support is made and in the future. Fixed-term maintenance is, as the name implies, for a certain time-period. The court will decide when the maintenance will be paid and at which date it will end. Once the term ends, the maintenance will no longer be paid.

Indefinite maintenance is when the court grants maintenance, but there is no specified duration or end date. The indefinite maintenance will be ongoing until there is a modification or it is terminated. Third is the reviewable maintenance. When the court has approved of maintenance for a certain amount of time and says that it can be reviewed, it will then be reassessed. The court can extend it for further review, extend it for an indefinite amount of time, or permanently terminate maintenance.

There are many areas of concern in a divorce and maintenance is one of the most important ones as it will impact how the person makes ends meet, how much must be set aside to pay the maintenance and more. People are frequently dissatisfied with how the maintenance decision is made. When there is a maintenance designation, it will be categorized so the parties will know the possible end date, when it can be changed and more. For this aspect of family law, legal advice is essential and a consultation should be scheduled as soon as possible to handle the case.

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