When to Seek a Post-Decree Modification in Illinois Divorce Cases
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Once your divorce decree is handed down and you are officially no longer married, that may seem like the end of the matter. There are, however, good reasons that the terms contained in a divorce decree may need to be modified even after the divorce has been finalized. One or both party’s financial or personal circumstances may change drastically, necessitating a change to a child support or spousal support order. Or, a parent’s living situation or behavior may change drastically in the wake of a divorce so that the parenting time schedule initially set is no longer appropriate.
While courts typically hesitate to make post-decree modifications after a divorce has been finalized, they will if there is a strong enough cause. If you feel that you need a post-decree modification, it is best to speak to an attorney. Having changes made may be a bit of a process, but it can be done.
When Could I Seek a Change to My Spousal Support Order?
Typically, there needs to have been a significant change in at least one party’s financial circumstances. If the receiving spouse starts earning significantly more income or remarries, this may be grounds for termination of spousal support. A change in the paying spouse’s financial situation, such as a job loss, could also trigger this type of modification.
Can My Child Support Be Modified Post-Decree?
Changes to child support payments are frequently triggered by changes in a parent’s ability to pay, but may also be triggered by changes in the child’s needs. If a situation involving the child, like an illness, requires more resources and the noncustodial parent can afford to offer more support, the court may order them to do so. Courts will put the child first, but also cannot order a parent to pay more than they are able to.
Under What Circumstances Will Courts Modify Parenting Time Arrangements?
Courts are often very reluctant to enter post-decree modifications related to custody, but they will if it is in the best interests of the child. This often happens when one parent’s behavior changes around the time of the divorce and they are no longer a safe person for the children to stay with. For example, if your ex-spouse has begun abusing drugs, behaving violently, or getting involved with crime, this may be a good reason to ask the court to change the custody schedule for the safety of the children.
Source: https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59
Call an Illinois Post-Decree Modifications Attorney
If you feel that a post-decree modification is in order for your case, contact Reifman Law Offices. Our skilled Schaumburg post-decree modification lawyers can help you move forward with asking the court for a needed change. You can reach us at 847-229-8433 when you are ready to set up a free consultation.
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