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.
Child Custody Modification
The first person to discuss a prospective modification with if you believe a changed child custody arrangement is in your child's best interests is your ex-spouse. After all, he or she and their connection with your child will be affected by this alteration. Your lawyer should be the next person you contact to go over the legal steps involved in changing a child custody agreement. Do not change your arrangement haphazardly; even if you and your spouse have agreed to a changed timetable and can now adhere to it without incident, doing so technically constitutes contempt of court. Do not put yourself in this situation by neglecting to change your parenting agreement in the right way.
Child Support Modification
Children's needs, as well as the expense of raising them, alter substantially as they become older. Depending on where they attend school, they could participate in more school activities, spend more money on food and clothing, and their education might be more expensive. Child support payments may be changed since these expenses might change throughout the course of a child's life. Before the court may reconsider a current child support order, three years must usually elapse. Following this period, the court will approve this amendment motion for one of three reasons:
The non-custodial parent's earnings have significantly changed
The current decree makes no mention of the child's healthcare coverage
The non-custodial parent, healthcare and family services, another state, or the custodial parent submits a formal request
Contact a Wheaton, IL Post-Divorce Modification Lawyer
If you are considering modifications to your divorce judgment, you should contact a Wheaton divorce attorney who will guide you through the modification process and protect your interests as well. Call Andrew Cores Family Law Group at 630-871-1002 to schedule your free consultation to learn how we can protect your rights and your assets.