Post-Divorce Modifications Must Be Approved By The Court
As life circumstances almost always end up changing, this may require a change in an existing divorce decree. Illinois allows for post-divorce modifications if there is a showing for a substantial change in circumstances. Otherwise, the party must show it is an emergency situation such as serious endangerment of the child. However, newly enacted Illinois family laws have created certain situations (namely when it comes to child custody/parenting time) when a modification can be made without showing a substantial change in circumstances.
Our dedicated family law attorneys at Bolz & McCarty, LLC, in West Dundee, Illinois, can help you with all of your modification issues. We have been serving individuals and families throughout the area for over six decades. No matter what type of modification you are seeking, whether child support, spousal maintenance or property division, we can help.
Child Custody Modifications
If a parent wants to make a post-divorce modification to child custody (now referred to as parental responsibility and parenting time), he or she must show a substantial change in circumstances. The court must not only show this finding but the modification must ultimately be in the best interests of the child.
Otherwise, the situation must meet one of the following alternative scenarios:
- Only a minor modification has been requested.
- Both parties have followed the modification for at least six months and neither has objected to the modification.
- Both parties agree to the modification.
- Judge would not have approved the child custody agreement to begin with if he or she had known the circumstances at the time the decree was finalized.
Keep in mind every situation is different so it is important to consult with a lawyer before you make any decisions.
Child support and spousal support (or spousal maintenance) can also be modified. Again, the standard is to show a substantial change in circumstances. What can sometimes merit this is a job loss, move-away or significant increase/decrease in wages.
Property Division Modifications
Another type of modification in family law is a change to the original property division agreement. New information can come up or new property could be revealed. This may require a modification to the original divorce decree. In addition, one spouse may have remarried. This can completely change the financial landscape for both parties.
As you can see, there are various scenarios and types of post-divorce modifications. To find out which one you need a modification for or if it is even necessary, reach out online to our law firm in Kane County, Illinois. We offer free consultations. You can also reach us at 800-614-8953.