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5 Reasons You May Need to Modify Your Kane County Divorce Decree

Posted on in Divorce

Kane County family law attorneyWhen a couple divorces, they must decide how to handle issues like the division of assets and debts, child support, child custody, and more. The spouses may be able to reach a settlement outside of court, or the court may determine these issues for the couple. The terms of the divorce are then officially recorded in the divorce decree. However, circumstances change and sometimes modifications must be made to the divorce decree. This blog discusses some of the most common reasons divorced spouses seek a divorce decree modification.

Unemployment or a Significant Decrease in Income

If the COVID-19 pandemic taught us anything, it is that our employment circumstances can change dramatically in an instant. Many people are facing employment and underemployment during these challenging times. If a spouse loses his or her job, he or she may be unable to meet child support or spousal support obligations. Spouses in this situation may be able to request a modification through the court.

Increase in Income

An increase in income may also necessitate a child support modification. Illinois child support orders are determined using a formula that factors in both parents’ net incomes. If a parent experiences a major increase in income, the child support order may no longer be appropriate.

Change in Child-Related Needs

Child support helps parents share child-related costs such as tuition, childcare, and housing. If a child’s needs change, the child support order may need to be adjusted to meet these needs. For example, if a child suffers a serious illness or injury that requires medical treatment or home health care, child-related expenses may increase dramatically. The parent(s) may need to reassess the child support order to ensure the child is getting the financial support he or she needs.

Parental Relocation   

In Illinois, divorced parents who wish to move may need to obtain permission from the other parent and the court. Moves that are a significant distance from the original home are considered “relocations.” Parents may need to get the other parent’s consent and/or court approval to relocate with the child. Usually, a significant move or relocation requires the parents to adjust the allocation of parenting time or parental responsibilities.

Problems or Changes to the Parenting Time Schedule

Sometimes, the parenting time schedule parents initially agree on becomes impractical. Changes to the parents’ work schedules, relocations, and many other factors can trigger a modification to the parenting time schedule. The parenting time modification must be approved by the court.

Contact a Geneva Divorce Modification Lawyer

If you need to modify spousal maintenance, child support, or another element of your divorce decree, contact the Law Offices of Benedict Schwarz, II PC for help. Call our St. Charles family law attorneys at 847-428-7725 today for an initial consultation.




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