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Unallocated Support in Illinois Divorce | Modifying Unallocated Support After 2019
Article written by Illinois Attorney Kevin O’Flaherty
In this article, we explain unallocated support in Illinois divorce. We discuss:
- What is unallocated support?;
- What are the benefits of unallocated support?;
- Changes to unallocated support in 2019;
- Modification of unallocated support in Illinois; and
- If I modify an unallocated support order from before 2019, which law will apply?
What is unallocated support?
Generally, in a divorce, when child support and spousal maintenance are both deemed by the court to be appropriate, the amount that the payor is required to pay toward each will be determined separately according to statutory formula, agreement, or the discretion of the court.
However, prior to 2019, parties to a divorce in Illinois had the option to agree to combine child support and spousal maintenance into one lump number called unallocated support. In these cases, no distinction would be made between how much of this combined payment was for child support and how much was for spousal maintenance.