{"id":550040,"date":"2026-09-14T21:03:25","date_gmt":"2026-09-14T21:03:25","guid":{"rendered":"https:\/\/www.newjerseyheadlines.com\/news\/story\/550040\/chicago-divorce-attorney-russell-d-knight-explains-how-an-increase-in-income-affects-support-after-an-illinois-divorce.html"},"modified":"2026-09-14T21:03:25","modified_gmt":"2026-09-14T21:03:25","slug":"chicago-divorce-attorney-russell-d-knight-explains-how-an-increase-in-income-affects-support-after-an-illinois-divorce","status":"publish","type":"post","link":"http:\/\/www.northcarolinaheadlines.com\/news\/story\/550040\/chicago-divorce-attorney-russell-d-knight-explains-how-an-increase-in-income-affects-support-after-an-illinois-divorce.html","title":{"rendered":"Chicago Divorce Attorney Russell D. Knight Explains How an Increase in Income Affects Support After an Illinois Divorce"},"content":{"rendered":"
\"Chicago<\/a><\/div>\n

CHICAGO, IL – September 14, 2026 –<\/strong> When a former spouse’s earnings rise after a divorce, questions often follow about whether child support or maintenance obligations should change as well. Chicago divorce attorney Russell D. Knight of the Law Office of Russell D. Knight (https:\/\/rdklegal.com\/an-increase-in-income-after-an-illinois-divorce\/<\/a>) has published guidance examining how Illinois courts treat an increase in income and when that change may justify a modification of support or maintenance.<\/p>\n

Income is the central determinant for both child support and maintenance in an Illinois divorce, and Chicago divorce attorney Russell D. Knight notes that a rise in either party’s earnings does not automatically translate into higher payments. “People often assume that if an ex-spouse starts earning more, support will increase by the same amount,” says Knight. “The law does not work that way. An increase in income is only one part of a broader legal analysis.”<\/p>\n

According to Chicago divorce attorney Russell D. Knight, the first challenge for many individuals is simply confirming that an income increase has occurred. Typically, a Marital Settlement Agreement requires the parties to exchange tax information to verify current earnings. If no such provision exists, a party may allege an increase in a motion to modify support, which then requires the other party to disclose income through a fresh financial affidavit. Under Cook County Rule 13.3.1(b), parties in post-judgment support proceedings must exchange a completed financial affidavit unless the court finds good cause to excuse it.<\/p>\n

That affidavit must be supported by documentation such as tax returns, W-2s, paychecks, and bank statements. Knight emphasizes that these records are what ultimately determine whether a modification is warranted. “Proving an increase in income is not complicated,” he explains. “The court wants to see current tax returns, pay stubs, and income statements. The harder question is whether that change is substantial enough to matter under the statute.”<\/p>\n

Attorney Knight points out that maintenance, formerly known as alimony, may be modified only after a court finds a substantial change in circumstances under 750 ILCS 5\/510(a-5). Illinois courts have defined this as a change in either the needs of the spouse receiving maintenance or the ability of the other spouse to pay it. The party seeking the modification carries the burden of proving that change. Even then, an increase in income alone is often insufficient, as Illinois appellate courts have held that the law does not require a party to pay more maintenance merely because he or she can afford to.<\/p>\n

Knight adds that any increase in maintenance is intended to ensure a former spouse maintains the standard of living established during the marriage, and a demonstrated need must exist. Conversely, when the recipient’s own income rises, maintenance may be reduced, since the need has diminished. Illinois uses a guideline calculation under 750 ILCS 5\/503(b-1)(1)(A), taking 33 1\/3% of the payor’s net annual income minus 25% of the payee’s net annual income, with the payee’s total not to exceed 40% of the parties’ combined net income. Even where a substantial change is found, Knight observes, a court retains discretion and is not required to modify the award.<\/p>\n

Child support modifications follow a different framework. Attorney Knight explains that a substantial change in circumstances is not always required for child support. Under 750 ILCS 5\/510(a), support may be modified without showing a substantial change when there is an inconsistency of at least 20 percent, but no less than $10 per month, between the existing order and the amount produced by the statutory guidelines. Any income increase large enough to raise child support by 20 percent may be sufficient to allow a modification. If the increase falls below that threshold, a substantial change in circumstances must still be demonstrated.<\/p>\n

The firm notes that Illinois courts have cautioned that not every rise in a paying parent’s income results in a proportional increase in support, and that an increase in a custodial parent’s income may not qualify as a substantial change where it is small compared to the other parent’s earnings. When a person pays both child support and maintenance, the same substantial-change standard governs both obligations, meaning a change insufficient to modify one is generally insufficient to modify the other.<\/p>\n

For those experiencing a change in their own or a former spouse’s financial situation after an Illinois divorce, consulting a knowledgeable family law attorney may help clarify whether a modification of support or maintenance is appropriate. The Law Office of Russell D. Knight serves individuals throughout the Chicago area in divorce and family law matters.<\/p>\n

About Law Office of Russell D. Knight:<\/strong><\/p>\n

The Law Office of Russell D. Knight is a Chicago-based family law firm focused on Illinois divorce, child support, maintenance, parenting time, and the division of marital assets. Founded by attorney Russell D. Knight, who has been licensed in Illinois since 2006 and has authored more than 750 articles on Illinois family law, the firm serves clients throughout the Chicago area. For consultations, call (773) 334-6311 or visit the office at 1165 N Clark St #700, Chicago, IL 60610.<\/p>\n

Embeds:<\/p>\n

Youtube Video: https:\/\/www.youtube.com\/watch?v=w5Ex5c6aNwQ<\/a><\/p>\n

GMB: https:\/\/www.google.com\/maps?cid=13056420905624162796<\/a><\/p>\n

Email and website<\/p>\n

Email: russell@rdklegal.com<\/p>\n

Website: https:\/\/rdklegal.com\/<\/p>\n

Media Contact<\/span>
Company Name:<\/strong> Law Office of Russell D. Knight<\/a>
Contact Person:<\/strong> Russell D. Knight
Email:<\/strong> Send Email<\/a>
Phone:<\/strong> (773) 334-6311
Address:<\/strong>1165 N Clark St #700
City:<\/strong> Chicago
State:<\/strong> Illinois 60610
Country:<\/strong> United States
Website:<\/strong> https:\/\/rdklegal.com\/<\/a><\/p>\n

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CHICAGO, IL – September 14, 2026 – When a former spouse’s earnings rise after a divorce, questions often follow about whether child support or maintenance obligations should change as well.<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"_links":{"self":[{"href":"http:\/\/www.northcarolinaheadlines.com\/news\/wp-json\/wp\/v2\/posts\/550040"}],"collection":[{"href":"http:\/\/www.northcarolinaheadlines.com\/news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/www.northcarolinaheadlines.com\/news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/www.northcarolinaheadlines.com\/news\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"http:\/\/www.northcarolinaheadlines.com\/news\/wp-json\/wp\/v2\/comments?post=550040"}],"version-history":[{"count":0,"href":"http:\/\/www.northcarolinaheadlines.com\/news\/wp-json\/wp\/v2\/posts\/550040\/revisions"}],"wp:attachment":[{"href":"http:\/\/www.northcarolinaheadlines.com\/news\/wp-json\/wp\/v2\/media?parent=550040"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/www.northcarolinaheadlines.com\/news\/wp-json\/wp\/v2\/categories?post=550040"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/www.northcarolinaheadlines.com\/news\/wp-json\/wp\/v2\/tags?post=550040"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}