What Parts of a Divorce Order Can Be Modified in Illinois?

 Posted on December 21, 2020 in Uncategorized

Divorce is a legal proceeding, and as such, the outcome of a divorce is legally binding. It is important for both parties to commit to upholding the terms of a divorce order, as they risk incurring substantial consequences if they fail to do so. That said, if you find that you are struggling to uphold the terms of the order, or if you feel that they no longer apply to your current situation, you do have options. Many parts of a divorce resolution can be legally modified, with the court’s approval, in the years following a divorce.

Possible Illinois Divorce Order Modifications

Not all areas of your divorce agreement may be altered. After a divorce is finalized, the terms of the division of property are usually set in stone, unless new information comes to light regarding a spouse’s dishonesty about finances or assets. However, most other parts of a divorce order can be modified under certain circumstances. For example, you may seek modifications to:

• Child support - Usually, this requires a substantial change in circumstances, which may include a change in the income or earning capacity of one or both parents, or a change in the child’s needs. A modification may also be considered if your original child support obligation differs significantly from what it would be under the new calculations established in 2017.

• Spousal support - If spousal maintenance was part of your original divorce order, it can also be modified after a substantial change in circumstances. For example, an increase in payments may be in order if the recipient experiences an increase in financial need or a decrease in earning capacity, while a decrease in payments could be in order if the payor has experienced a decrease in income or the recipient has become self-sufficient.

• Parenting time - Either a change in circumstances or an agreement between both parents can be sufficient to justify a parenting time modification, as long as it is in the best interests of the children. Possible reasons for a parenting time modification include a change in the schedule of any relevant party or a parent’s relocation.

• Parental decision-making responsibilities - Decision-making authority, including regarding the children’s education, health, and upbringing, can typically only be modified at least two years after the original divorce order is issued. A modification of this nature usually also requires that you demonstrate a significant change in circumstances and that the modification is in your children’s best interests.

Contact a Rolling Meadows Divorce Modification Lawyer

Rarely do divorce agreements surpass the tests of time. If you are looking to modify your divorce order, the Cosley Law Office can help you petition the court and negotiate an agreement with your former spouse or prepare to make your case in a hearing. Contact an Illinois family law attorney today at 847-253-3100 to request a free consultation.

Sources:

https://www.ilga.gov/legislation/ilcs/documents/075000050K610.5.htm

https://www.ilga.gov/legislation/ilcs/documents/075000050k510.htm