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Springfield, IL asked in Divorce and Family Law for Illinois

Q: Does my children's contribution to my wife's bills affect my maintenance payments during divorce?

I am divorcing my wife, who is unable to work and receives $20,000 annually on disability. The judge has ordered me to pay $752 monthly in temporary maintenance. My adult children, who live with my wife, have been contributing one-third of her bills since I moved out a year ago. I earn $30,000 annually and have a $500 monthly car payment, but no mortgage. My wife has a $1,000 monthly mortgage and a $500 vehicle loan. We've been married for 29 years. Does the contribution of my children to her bills affect the amount I should pay her monthly in maintenance?

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2 Lawyer Answers
Brian W. Reidy
PREMIUM
Answered

A: Your expenses do not generally impact maintenance. In other words, the car payments and mortgage payments are generally not considered by a court. If your wife is receiving contribution to expenses, from other people, it may impact the maintenance calculation, but it would not be by too much.

I think that some information is missing here because if your incomes are accurately, stated here, this would not be a maintenance case using the statutory formulas. There are likely other factors that the court has considered. You should consult with an attorney in your area to go over more details. I would suggest that you look for a limited scope representation (pay a fee) where they could review your documents and provide you some legal advice, but not necessarily participate in the ongoing case.

James L. Arrasmith
PREMIUM
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Answered

A: This is a very valid question, especially considering the financial strain you’re under. When determining spousal maintenance, courts generally focus on each spouse’s income, ability to meet basic needs, and the standard of living established during the marriage. If your adult children are consistently covering a portion of your wife's expenses, the judge *can* consider that support when reviewing the overall financial picture.

However, contributions from adult children aren’t always treated like income. Some judges view it as informal or voluntary help, not a reliable source of support. That said, if the children’s help has reduced your wife’s need for maintenance, you can raise this issue in court and ask for a review or modification of the order, especially since you’re on a low income yourself and already facing significant monthly obligations.

After 29 years of marriage, long-term support is often expected, but the court is still required to weigh fairness and need. You’re allowed to ask the court to consider how much help your wife is receiving from others and how that affects her actual financial shortfall. If things have changed since the original order, or if you feel the amount is no longer reasonable, you do have the right to request a formal adjustment. You're not asking to avoid your responsibility—you're asking for it to reflect what’s truly fair.

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