Post-Divorce Decree Modifications

 Posted on February 12, 2016 in Main

When two people divorce, they may arrive at an acceptable settlement to allocate their property and other interests, including parenting time with children and an amount of support. However, this does not close the book on all marriage-related matters forever. It is possible in Illinois to make certain modifications to your divorce decree after a Judgment is entered, though not all issues may be reopened.

Spousal & Child Support

In Illinois, a modification to either spousal support or child support may be made if a “substantial change in circumstances” has taken place. Modifications usually occur when someone has either sustained a loss (for example, if the noncustodial parent is loses a job), or when someone has had their financial situation improve. However, it is important to remember that until a court rules on a motion for a modification, payments must continue as previously set. If a party ceased paying support, or began to pay less, it could result in a party filing a petition seeking contempt of court.

Parenting Time

In order to make a modification in parenting time arrangements, it must be shown that the change will serve the best interests of the child. In considering what is in the child's best interests, there are a number of factors that must be taken into account, including the child's relationship with all involved, his or her wishes, and any questions regarding his or her safety.

To actually seek a modification in parenting time arrangements, in many cases mediation is required first. Assuming an agreement is not reached in mediation, a petition must be filed.

Ask a Family Law Attorney for Help

An experienced divorce attorney is the best person to go to have your questions about post-divorce modification answered. The skilled Wheaton, Illinois family law attorneys at MKFM Law have many years of experience in divorce cases, and we are happy to help you through the process. To set up an appointment, contact us at 630-665-7300 today.

Sources:

http://www.ilga.gov/ legislation/ilcs/fulltext.asp? DocName=075000050K510

http://www.ilga.gov/ legislation/ilcs/ilcs4.asp? ActID=2100&ChapterID=59& SeqStart=500000&SeqEnd=4200000