Park Ridge, IL asked in Divorce for Illinois

Q: My former husband wasn't working at the time the divorce was finalized so no maintenance was determined in court.

Now, a few years later we have agreed on an amount of maintenance that he will pay. Is it sufficient to just sign a document together and get it notarized or do we have to go before a judge? Thank you.

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1 Lawyer Answer

J. Richard Kulerski Esq.

  • Oak Brook Terrace, IL
  • Licensed in Illinois

A: Absolutely not. The obligation must be reduced to a court order in order to be enforceable, or in order for him to get the tax deduction. Remember, whatever he pays you must be claimed as income on your taxes. However, the deduction will no longer be allowed for all maintenance orders entered after January 1, 2019. It will be tax free after that.

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