Questions about alimony in Illinois and what options I may be able to pursue?

Question

1) Per my divorce decree, my ex wife and I are to present W2's each year.  This was never done, however I experienced a decrease in income since the maintenance was set 6 years ago.  If it were determined that I overpaid during any year, is that reimbursable in court?  If I underpaid during that time I would be required to pay that back.  Does that work both ways?   
2) Illinois law states that the maintenance amount paid cannot exceed 40% of the net income of both parties combined?  If the records show that I have paid more than 40% during any time during the maintenance period, is that something that I can request to be reimbursed on? 
"The resulting amount of maintenance, when added to the net income of dependent spouse, cannot result in the dependent receiving an amount that is in excess of 40% of the net income both parties combined"

Joerika Stitt · Answer

Hello, 
 
Thank you for your questions about spousal support (maintenance) in Illinois. Here's some information that may help address your concerns: 
 
1. Reimbursement for Overpayment of Maintenance 
 
Yes, under Illinois law, if you overpaid maintenance due to a decrease in your income, you may be able to seek reimbursement. The Illinois Marriage and Dissolution of Marriage Act (IMDMA) allows for modification of maintenance based on a "substantial change in circumstances."  A decrease in your income could be considered a substantial change. 
 
To seek reimbursement, you'll typically need to file a petition with the court to modify the maintenance order. The court will then review your financial situation, including the W-2s you and your ex-spouse are now exchanging, and determine if a modification is warranted. If it finds that you overpaid, the court has the discretion to order a reimbursement of the excess amount.  
 
However, it's important to note that the court may not order a full reimbursement for the entire period of overpayment.  They might limit it to a specific timeframe or a portion of the overpaid amount, considering factors like the length of time since the overpayment occurred, your ex-spouse's reliance on the payments, and overall fairness. 
 
2. 40% Net Income Cap 
 
You are correct that Illinois law generally caps the amount of maintenance paid to 40% of the combined net income of both parties. If you've paid more than 40% during any period, you can also raise this issue when petitioning the court for a modification.  
 
The court will review the financial records to verify the amounts paid and determine if they exceeded the 40% cap. If they did, the court may adjust future maintenance payments or potentially order a partial reimbursement, but again, it has discretion in how it addresses this issue. 
 
Important Considerations: 
 
Timeliness: It's crucial to act promptly if you believe you're overpaying maintenance. Delays can make it more difficult to obtain a modification or reimbursement. 
 
Legal Representation: It's highly recommended to consult with an experienced family law attorney in Illinois. They can assess your specific situation, guide you through the legal process, and advocate for your interests in court. You can also represent yourself and partner with a limited scope lawyer to help with things like drafting legal documents and advising you on how to represent yourself in court.  
 
I hope this information is helpful. Please remember that this is a general overview of the law, and your individual circumstances may vary.  
 
Disclaimer: This response is for informational purposes only and does not constitute legal advice. It's always best to consult with an attorney directly for guidance tailored to your specific situation.

Q: Questions about alimony in Illinois and what options I may be able to pursue?