2019 has seen significant changes to Illinois’ maintenance law. Prior to 2019 payors were able to deduct their annual maintenance payments when they filed taxes. This is no longer the case. The guideline calculation in the maintenance statute 750 ILCS 5/504 has also changed. Prior to 2019 the courts calculated maintenance based on each of the parties’ gross annual income. The courts must now calculate maintenance based on each of the parties’ net income. The use of net income in the guideline maintenance calculation will greatly increase points of contention between litigants and will allow attorneys an opportunity to manipulate each parties’ net income figures to their client’s advantage. Hire the attorneys at Allison Mosby-Scott to ensure that you are not ordered to pay more maintenance then the law requires or to ensure that you are not shorted on the maintenance you are entitled to.
Parties who had maintenance set in a Final Judgment or Marital Settlement Agreement prior to 2019 will continue to use the gross income calculation for any potential modifications of their maintenance. This distinction in the law is very important to clients who are subject to a pre Jan. 1 2019 order.