When you receive your divorce decree, it is considered final, and the terms set forward are enforceable. Divorce decrees cannot be modified as a matter of course or simply because one of the parties wants a change, but if there is a compelling reason for requesting a modification, the court will take the matter into consideration. Before seeking a modification, however, it’s important to consider a wide range of relevant factors, and having an experienced Illinois divorce attorney in your corner is well advised.
The terms of your divorce remain in effect – unless they are modified by the court. This means that you should continue to adhere to them until you are able to obtain a modification. Even if you and your spouse are in agreement on the modification in question, failing to make it official with the court leaves you vulnerable to being found in contempt of court (if your ex changes his or her mind with the passage of time). In other words, if you need a modification, it’s important to seek one through the court.
The court will consider parenting plan and order modifications only when there is a significant reason for doing so. A common example is when one parent faces an involuntary job relocation. In the past, Illinois has been very strict regarding parental moves, but now, as long as the distance does not exceed 25 or 50 miles (depending upon the county), parents do not need permission from the court to move. When moving a more considerable distance that substantially interferes with the other parent’s relationship with your shared children, you’ll need to obtain a modification with the court.
Child support reviews are allowed every three years in Illinois, but if either of the following happens, the court may consider a modification:
It’s important to keep in mind that if you’re seeking a modification and it is determined that your children’s other parent doesn’t have the financial means to pay, your current support could be decreased. In other words, pushing forward for a modification at all costs is not a great strategy.
Alimony generally ends when the recipient remarries or moves in with a romantic partner, but there are other instances when modifications are considered. If either party experiences a substantial change in monetary circumstances, such as a serious health concern, loss of a job, or another kind of unforeseeable life event, the court will likely consider a modification request.
The trusted Illinois divorce attorneys at SLG Family Law have a wealth of experience helping clients like you determine when post-decree modifications are in order and helping them obtain the modifications to which they are entitled. Learn more about how we can also help you by contacting us today.
Chris did a great job listening and educated me throughout the process. He always kept my child's best interest as the focus.
I highly recommend Christopher Maurer to anyone in need of an experienced attorney. Mr. Maurer quickly assessed my situation with a divorce matter. He set forth a direct, clear path to secure my legal entitlements. Mr. Maurer consistently kept me informed during the process. His impressive grasp of the law…
Chris took good care of me during my case, answered all my questions, and wrapped things up in a timely fashion. He gave me peace of mind throughout the process. I was very happy with the results, and recommend him to all of my friends.
He was very informative. Gave detailed and concise answers to my questions. Most importantly, he talked to me and not at me. Something I truly appreciated..
Sarah represented me in modifying a complicated child support/joint parenting agreement. She did an exceptional job and guided me through every step of the process. She is very knowledgeable, dedicated and an excellent person to work with. She always promptly returned my calls/emails same day. She is so personable and…
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