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Can You Modify a Divorce Decree in Illinois?

Posted on in Divorce

kane county divorce lawyerThe outcome of a divorce decree is legally binding on both parties, and there are consequences for failing to adhere to the terms of the order. However, circumstances change, and people may find themselves unwilling or unable to abide by the terms of their divorce order or may believe their spouse is violating the terms. For example, your former spouse may not pay the required amount of child support, or you may need to move out of state and will require a change in your shared parental responsibilities. 

If you find yourself in this situation, you can take action. Although some things, such as property division, are finalized and highly unlikely to change following a divorce decree, other things can change. 

Which Issues Can Be Modified? 

  • Child support is one of the most commonly modified parts of a divorce decree. Typically, the change in a parent’s income must be substantial to modify the required child support payments. A change in a child’s needs may also require a change in child support payments. For example, if a child is diagnosed with a learning disability and requires extensive educational support, a parent’s child support payments may be modified to reflect the new expenses. 

  • Spousal support can also be modified to reflect a substantial change in either of the former spouse’s circumstances. If the receiving spouse remarries spousal maintenance payments are terminated. If the paying spouse loses their job or has a substantial decrease in their income, payments may be modified to reflect those changes.

  • Parental responsibilities and parenting time may be changed for a number of reasons. A parent’s move to a different location, or a new job that requires a change of schedule, can be grounds for a change in parental responsibilities. Revelations regarding parental abuse or neglect towards a child can also affect which parent receives parental responsibilities. All changes must be determined by the court to be in the child’s best interests. 

Contact a St. Charles Divorce Attorney

Changing circumstances or dissatisfaction with a divorce decree are common. The Law Offices of Benedict Schwarz, II PC have over 40 years of experience with marital and family law. We will listen to your preferences and work with you to find a realistic solution. Speak with an experienced Kane County divorce attorney by contacting our office today at 847-428-7725 and schedule an initial consultation.

 

Source:

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

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