If you win the lottery two years after divorce, can any of that be used to modify alimony payments?

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All current alimony and child support payments are current and there are no other outstanding issues. The winner of the lottery is the individual making alimony and child support payments.

Attorney Answers

3
David Gotzh ·
Child Support payments, possible (Depends how much we're talking, $10 scratch win vs. a million). In terms of maintenance, the wording of the Judgment/MSA controls - for example, if someone was awarded maintenance in gross, that award is generally non-modifiable. Talk to a family law attorney in your area for specific guidance.
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Judy Goldstein ·
You asked only about alimony, which is actually known as maintenance in this state. Money received or earned after entry of the Judgment for Dissolution is not considered in order to modify maintenance. The winner is free from any change in maintenance payments, although he might have a change in his child support obligation, depending upon he nature of the winnings. The facts are insifficient to answer any question about child support, but here is no question pending about child support.
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Jeffrey Jacobson ·
If the winnings are substantial, then it can be used to increase child support. Also, as to maintenance, there are two distinctions, did you agree to maintenance or did the court order maintenance? If you agreed, then the terms of your agreement determine if it is modifiable. If the court ordered it, then it is modifiable at any time. “[A]bsent the parties’ express agreement, the Act does not permit a court to make a maintenance award nonmodifiable and nonreviewable." quoting an appellate case in Illinois. I suggest you contact a divorce attorney that knows the law and practices in Will as this may be a substantial amount of money for you. Feel free to contact me directly if you have further questions.
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