Custody, child support, and spousal support orders can be modified after a divorce if there is a significant change in circumstances.
Understanding Post-Divorce Modifications
Life circumstances often change after a divorce, and Illinois law allows for the modification of certain aspects of a divorce decree to better reflect current realities. These modifications must be approved by the court and are typically based on substantial changes in financial status, living arrangements, or the needs of the child or ex-spouse.
Legal Context for Modifications in Illinois
Under the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5), post-divorce modifications are allowed for:
- Child Custody (Allocation of Parental Responsibilities):
Modifications can be requested if there is a significant change in circumstances that affects the child’s best interests, such as a parent’s relocation or a change in the child’s needs. - Child Support:
Adjustments may be made due to changes in either parent’s income, job loss, or the child’s financial or medical needs. - Spousal Support (Maintenance):
Modifications are allowed if one party’s financial circumstances change significantly, such as a job loss, remarriage, or retirement.
Example Scenario:
A parent who loses their job may request a reduction in child support payments until they secure new employment.
Steps to Modify a Divorce Order
- Identify the Change in Circumstances:
Determine whether the change is substantial enough to warrant a modification, such as a significant income change, relocation, or health issue. - File a Petition for Modification:
Submit a formal request to the court outlining the reasons for the modification and provide supporting evidence. - Notify the Other Party:
Ensure the other party is served with the modification request and given the opportunity to respond. - Attend Mediation or a Court Hearing:
If both parties agree, mediation can help finalize the changes. If there’s disagreement, a judge will decide based on the evidence presented. - Receive the Court’s Decision:
Once approved, the modified order becomes legally binding.
How Attorneys Can Help
An experienced family law attorney can:
- Evaluate whether your circumstances qualify for a modification.
- Prepare and file the necessary court documents.
- Represent you in mediation or court hearings to advocate for the changes.
- Help enforce or dispute modifications requested by the other party.
Need Help With a Post-Divorce Modification?
Call (630) 366-1760 to consult with a family law attorney. We’ll guide you through the process of modifying custody, child support, or spousal support orders to reflect your current needs.
Disclaimer: This page provides general information and is not intended as legal advice. For personalized assistance, consult a licensed attorney.
