Divorce settlements are created with the idea that they will endure forever. While this could be true for couples who separate without children or alimony obligations, certain elements of divorce settlements seldom stand the test of time. Fortunately, the divorce laws in Illinois' court system take this scenario into account. 

At the Andrew Cores Family Law Group, our divorce judgment modification attorneys have helped clients make changes to many aspects of their divorce including spousal support, child custody, and child support. It may be feasible to amend certain sections of the divorce decree if important areas of your life have changed. Our experienced lawyers can answer your inquiries in consultation with clarity and detail.

Spousal Support Modification

There are several reasons for either spouse to ask for adjustments, regardless of whether maintenance is temporary or ongoing. These adjustments are often only accepted in cases when a person's circumstances have significantly changed. The payor may ask for their payments to be decreased or stopped if they lose their employment, have serious health problems, or run into other problems that make it difficult for them to make support payments. It may be appropriate to ask to have spousal assistance stopped if the receiver starts making more money and is able to live independently without it. If the recipient gets remarried or begins a new relationship in which they cohabitate with a romantic partner, spousal maintenance can also be ended.

The divorce process is often a long and difficult one for the people going through it. It is no wonder, then, that once it is over, the parties involved feel relieved knowing their divorce decree is final. However, while the orders included in a divorce decree are legally binding, that does not mean they cannot be changed in the future. 

The courts do not take post-decree modifications lightly, but it is possible to obtain one when a person’s situation changes significantly. If you have gotten a divorce and now wish to modify one or more of the orders, below are some of the most important things you should know about these modifications.

Three Terms that Require Modification

In most cases, there are three issues that may require post-divorce modifications. These are:

Your life does not, of course, remain static. You may move, remarry, have children, or experience any other major event that will cause drastic life changes. If this happens, it may be necessary to make a modification to your divorce judgment, because what once was acceptable may now be too expensive, or it may be inequitable in terms of cost or time spent. Still, a modification may not be made simply on a whim. There are requirements that must be met in order to make such adjustments.

What Can Be Modified?

Under Illinois law, almost every part of a divorce decree can be modified if sufficient evidence is shown for the necessity. Most of the time, updates are requested due to changes in living conditions, such as the loss of a job or a relocation. Generally, however, the most common type of change requested in Illinois is the modification of spousal or child support.

To have a modification granted, the movant must show a substantial change in circumstances. That substantial change must be shown even if your situation is in dire need of adjustment, because without that requirement, in theory, any spouse could just appear in court and demand a change without justification.

With U.S. unemployment numbers reaching historic highs over the last several months, many Illinois residents are finding themselves incapable of paying their child support and spousal support. Unfortunately, despite these extenuating circumstances and even if you are unemployed, you are still required to make these payments. Here are the consequences of failure to pay and what you can do if you know you will be unable to pay your spousal maintenance or child support by their due date.

What Happens If You Do Not Pay Child Support or Spousal Support?

If you neglect to pay the child support or spousal maintenance payments ordered by the court in your divorce decree, any or all of the following could happen:

Generally speaking, when a divorce decree is final, it can no longer be modified. However, when a significant change occurs in one of the parties’ lives, a decree can be adapted to fit that new reality. Protocol must be followed, but with help, a decree can be changed to suit life as it changes.

When Is Modification Appropriate?

It is sometimes difficult to determine when a life change has been dramatic enough to mandate modification of a divorce decree. The unspoken rule is that whenever the amount of people, time and/or money changes in your life, it is grounds for change. Some examples of these situations would: