Mokena, IL asked in Divorce for Illinois

Q: I'm in Illinois & approaching my last maintenance payment. My payroll department says they need an official end date?

In order to be proactive, I have contacted my payroll department at my place of employment to determine what I need to terminate the maintenance. I have been employed there the entire time I have paid the maintenance. They have told me they need a "release" form or some sort of document that has an end date for the payments. However, my divorce decree states the following:

"2(b). Husband shall pay to wife the sum of $712.50 per month as and for maintenance to Wife for a period of 96 months..."

2(c). Husband's obligation to pay maintenance shall automatically terminate upon any one of the following events: (a) upon payment of (96) monthly installments referenced above; ...)"

Payroll as well as myself clearly has a record of the payments I have made. Shouldn't my divorce decree be enough to stop the payments after I have made my 96th payment? Why would I have to go back to court if my decree clearly states that it should automatically terminate after 96 payments?

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1 Lawyer Answer
Cheryl Powell
Cheryl Powell
  • Mt Vernon, IL
  • Licensed in Illinois

A: You need an Order for Withholding that specifies an end date. Talk to your divorce lawyer. It is not difficult to get one.

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