7 Maintenance Modification Mistakes That Will Destroy Your Illinois Case

Published: 11/30/2025 • 10 min read
By Jonathan D. Steele

Summary

Case Summary: In re Marriage of Bartlett, 2024 IL App (1st) 230624-U - A retired executive expecting to eliminate $6,500 in monthly spousal support walked out of an Illinois courtroom still owing $807.78—proof that retirement alone won't save you from maintenance obligations. This article exposes seven devastating mistakes, from social media missteps to incomplete financial disclosures, that can torpedo modification cases and cost litigants tens of thousands in unexpected payments and legal fees.

In 15 years practicing family law in Illinois, I've seen these seven mistakes cost clients custody, money, and leverage. Don't be next.

The October 2024 ruling in In re Marriage of Bartlett, 2024 IL App (1st) 230624-U, changed everything about maintenance modification in Illinois. Dennis Quinn walked into court expecting to terminate $6,500 in monthly payments after retirement. He walked out still owing $807.78 per month. His mistake? Assuming retirement automatically ends spousal support.

Here are the seven critical errors that decisively rebut maintenance modification cases—and exactly how to avoid them.

Mistake #1: Assuming Retirement Automatically Terminates Maintenance

What It Looks Like: A 62-year-old executive files for maintenance modification the day after retirement. He expects the judge to terminate his $5,000 monthly obligation immediately. He brings no documentation of his retirement planning. He assumes his reduced income speaks for itself.

Why People Make It: Common sense suggests that when income drops, support obligations should too. Online forums reinforce this belief. Friends who've been through divorce share stories of successful terminations. But Illinois courts don't operate on common sense alone.

Real Consequence: In Bartlett, the guideline calculation produced $0 in maintenance. The court still ordered $807.78 monthly. Why? The recipient's medical needs justified ongoing support despite the payor's retirement.

The Cost: $807.78 × 12 months = $9,693.36 annually in unexpected ongoing obligations. Over ten years, that's nearly $100,000 the payor didn't anticipate.

How to Avoid It:

Illinois Law: Under 750 ILCS 5/504, retirement constitutes a substantial change in circumstances. However, guideline calculations are not determinative when statutory factors justify deviation.

Mistake #2: Ignoring the Recipient's Medical Expenses

What It Looks Like: A payor focuses entirely on his own reduced income. He prepares detailed exhibits showing his Social Security benefits and pension distributions. He never investigates what his former spouse actually needs the money for.

Why People Make It: Modification petitioners naturally focus on their own circumstances. They believe the case is about their changed situation. They forget that Illinois courts balance both parties' needs.

Real Consequence: In Bartlett, the court anchored its deviation analysis to the recipient's documented medical expenses. The $807.78 figure wasn't arbitrary. It reflected Bartlett's specific, quantifiable healthcare needs.

The Cost: Failing to anticipate medical expense arguments can add $500-$2,000 monthly to your final obligation. That's $6,000-$24,000 per year you didn't plan for.

How to Avoid It:

Illinois Law: Section 504(a) factors include "the physical and emotional condition of both parties." Medical needs can sustain ongoing maintenance even when income differentials suggest termination.

Mistake #3: Posting About Your Case on Social Media

What It Looks Like: A husband seeking maintenance modification posts vacation photos on Facebook. He complains about his "greedy ex-wife" on Twitter. He discusses his retirement plans in a LinkedIn post celebrating his career achievements.

Why People Make It: Social media feels private. Privacy settings create a false sense of security. People don't realize that everything they post is discoverable evidence.

Real Consequence: One client's Instagram photos showing expensive golf trips and restaurant dinners destroyed his "reduced circumstances" argument. The judge cited his social media presence when denying modification.

The Cost: Complete denial of modification petition. Continued payment of full maintenance amount. Plus $25,000-$50,000 in wasted litigation costs.

How to Avoid It:

Illinois Law: Illinois Supreme Court Rule 201 permits broad discovery. Social media posts are routinely admitted as evidence in maintenance modification proceedings.

Mistake #4: Filing Incomplete or Inaccurate Financial Affidavits

What It Looks Like: A payor "forgets" to list his rental property income. He underreports his pension distributions. He fails to disclose stock options that vested post-retirement.

Why People Make It: Some believe that what the court doesn't know won't hurt them. Others genuinely overlook assets in complex financial situations. Either way, the result is the same.

Real Consequence: In In re Marriage of Carstens, the husband's income rose from $180,000 to $340,000 post-dissolution. When his ex-wife discovered this, she successfully increased maintenance from $3,500 to $6,200 monthly.

The Cost: Perjury charges carry criminal penalties. Courts may impute hidden income at inflated rates. Sanctions can add $10,000-$50,000 to your litigation costs. Your credibility—once destroyed—never recovers.

How to Avoid It:

Illinois Law: 750 ILCS 5/501(a)(4) requires full financial disclosure. Intentional misrepresentation constitutes perjury and may result in sanctions under Supreme Court Rule 137.

Mistake #5: Missing Filing Deadlines and Procedural Requirements

What It Looks Like: A pro se litigant files his modification petition in the wrong county. He serves his ex-wife by regular mail instead of certified mail. He misses the 30-day response deadline by one day.

Why People Make It: Procedural rules seem like technicalities. People assume courts will overlook minor errors. They don't understand that procedure determines outcome.

Real Consequence: One client's modification petition was dismissed because he filed in Cook County when venue was proper in DuPage County. He had to start over—six months and $15,000 later.

The Cost: Dismissed petitions. Waived arguments. Default judgments. Additional attorney fees of $5,000-$20,000 to fix preventable errors.

How to Avoid It:

Illinois Law: Supreme Court Rule 104 governs service requirements. 735 ILCS 5/2-101 through 2-108 establish venue rules. These are strictly enforced.

Mistake #6: Failing to Preserve Digital Evidence

What It Looks Like: A recipient deletes text messages showing her ex-husband promised to continue support. A payor clears his email inbox containing communications about his retirement timeline. Neither realizes they've destroyed critical evidence.

Why People Make It: Digital housekeeping feels routine. People don't recognize text messages as legal evidence. They delete without thinking about future consequences.

Real Consequence: Spoliation of evidence can result in adverse inference instructions. The judge tells the jury to assume the deleted evidence would have hurt your case.

The Cost: Adverse inference instructions often determine outcomes. Sanctions for spoliation range from $5,000 to $50,000. Some cases become unwinnable.

How to Avoid It:

Illinois Law: Illinois courts recognize the duty to preserve evidence once litigation is reasonably anticipated. Spoliation can result in sanctions under 735 ILCS 5/2-1107.

Mistake #7: Fighting Over Everything Instead of Choosing Battles Strategically

What It Looks Like: A payor refuses a reasonable settlement offer of $2,000 monthly. He insists on complete termination. He litigates through two appeals over four years. He ends up paying $807.78 monthly anyway—plus $75,000 in legal fees.

Why People Make It: Divorce is emotional. People want to "win." They let anger drive strategy instead of logic. They underestimate litigation costs and overestimate their chances.

Real Consequence: In Bartlett, Quinn achieved an 87.6% reduction in maintenance—from $6,500 to $807.78 monthly. His annual savings: $68,306.64. But his estimated litigation costs over two appeals: $45,000-$75,000.

The Cost: Break-even point: 8-13 months post-modification. Net 10-year savings projection: $608,066.40. But if he'd settled early for $1,500 monthly? He'd have saved the litigation costs entirely.

How to Avoid It:

Illinois Law: 750 ILCS 5/404 encourages settlement. Courts have discretion to award attorney fees to parties who unreasonably prolong litigation.

The Underlying Pattern

These mistakes share common roots: