What Are the Requirements for Post-Divorce Modifications in Illinois?

 Posted on October 29, 2021 in Illinois Family Law

A divorce will involve multiple types of legal issues, and at the end of the divorce process, the decisions made about these issues will be set down in their divorce decree. The final orders issued by a family court will address how the ex-spouses will handle certain issues going forward, and both spouses are required to follow the terms of these orders. However, there may be some cases where a spouse may feel that these orders no longer apply to their situation, and they may seek a post-divorce modification. It is important to understand when these modifications can be made and how a person can successfully demonstrate that their requested changes are necessary.

Demonstrating a Significant Change in Circumstances

In most cases, the terms of a divorce order can only be changed if one of the spouses or the children they share have experienced a significant change in circumstances. Some examples of these changes include:

• Loss of income - If an ex-spouse loses their job, experiences a demotion, or will be earning a lower income for other reasons, they may be unable to continue paying financial support to their ex-spouse while also meeting their own needs. In these cases, they may request for child support or spousal maintenance payments to be reduced temporarily until they can find a new job, or they may request a permanent modification if they will be unable to return to their previous income level.

• Changes to schedules - A parent may start a new job that requires different working hours or has a longer commute, and this may affect their ability to care for their children during their scheduled parenting time. In these cases, a parent may ask for modifications to their child custody order to update the parenting time schedule as needed. Modifications may also address changes in children’s schedules, including the times they are at school or when they are participating in sports or other activities.

• Health issues - If a parent suffers from a serious injury or illness, they may no longer be able to provide the care their children need during their parenting time. Temporary or permanent modifications may be needed to ensure that children will receive the proper care while still allowing both parents to spend regular time with them. Child custody modifications may also be needed to address the changing needs of children who have disabilities or other special needs.

• Relocation - A parent may choose to move to a new home, and if their relocation will affect either parent’s ability to spend time with their children, they will need to request a modification of their child custody order. Parents in DuPage County who plan to move to a new home at least 25 miles away from their current home will need to notify the other parent and the court, and a hearing may need to be held to determine whether the relocation will be approved.

Contact Our Oakbrook Terrace Post-Divorce Modification Attorneys

If you have experienced changes that will require you to make changes to child custody, financial support, or other divorce-related issues, you will want to make sure you are following the correct procedures as you request a modification. The lawyers of Farooqi & Husain Law Office can advise you of your options and help you take the correct steps during your case. Contact a DuPage County post-divorce modification lawyer by calling 630-909-9114 and scheduling a confidential consultation today.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000