Temporary Maintenance (Alimony)
Upon filing a petition for divorce, a spouse can request temporary maintenance. The temporary maintenance order is separate from the child support order, but the child support order can affect the amount of maintenance ordered by the court. A temporary maintenance order can be adjusted during the pendency of the divorce or legal separation.
Final Judgment of Divorce Including Maintenance
When the court enters the final judgment of divorce, the court can order limited term or long-term maintenance. Before ordering ongoing maintenance, the court will consider many factors such as the length of the marriage and the ability of the supported spouse to become self-supportive. The court can order maintenance for a specific period of time such as three years, until a specific event occurs such as graduation from college, or until further order of the court. A permanent maintenance order ends when the supported spouse dies or remarries or the payor spouse dies.
Maintenance payments are tax deductible for the paying party and treated as taxable income for the receiving party. Conversely, child support payments are neither a tax deduction to the paying party or income to the receiving party.
Changes To Maintenance Awards
Upon the motion of either party asserting a substantial change in circumstances, the court can review a previous maintenance order, and then change the amount or the duration or terminate the maintenance. The court will consider several factors in making its determination whether to modify maintenance.
Stipulation For Maintenance
A stipulation is an agreement formed between the divorcing or divorced spouses, which is then submitted to the court for approval. The parties can enter into an agreement stipulating maintenance payments, but that stipulation will not be effected until approved by the court.
If you have a maintenance order already in
place and desire a modification to that order, please call
Attorney Kathy Reiley's office at 414-369-6309 or email
Attorney Reiley to set up a confidential meeting to discuss
your indivudal situation.