Wednesday, July 23, 2014

I was divorced last July in the state of Illinois and my divorce decree calls for 3 years of "maintenance" payments to my ex. My ex-wife and...

Question

I was divorced last July in the state of Illinois and my divorce decree calls for 3 years of "maintenance" payments to my ex. My ex-wife and kids are in the process of moving in with her boyfriend. I have been told that she waves her rights to "maintenance" payments when she co-habitates. Is this true? If not, does she loses her claim to these payments if she get married? Thank you.



Answer

If your maintenance is non-modifiable, then it does not terminate. If it is modifiable, then you can file a motion to terminate.



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