Family law judges in Illinois know divorce does not set a family’s future and circumstances in stone. Post-decree modifications are not unheard of in case the circumstances significantly change. For example:
- One of the ex-spouses gets a better or a reduced salary because of a promotion, job loss, remarriage, medical bill, etc.
- Either of the ex-spouses wishes to relocate because of a job and wants to make changes in parenting time to meet the demands of the employment.
Here are a few more things you need to know about a post-decree modification post-divorce:
Modifying a Divorce Settlement
The modification process will depend on the part of the divorce settlement that you wish to alter. For instance, unless you can prove that a property was not divided legally, you cannot have the property division order modified if 30 days have passed after you signed it. If not, you can file a request with the court where your divorce took place.
Special circumstances also come into play in child custody cases. For instance, unless you your child or children are in danger of physical harm, you have to wait at least three years from the date you signed the order to make modifications. Plus, you have to provide proof that the changes are for the children’s best interests even if your spouse does not agree with them.
Termination of or Modification of Spousal and Child Support
After the final divorce decree, spouses may wish to modify spousal support. This can occur because of the following:
- Remarriage (of the spouse receiving spousal support).
- Either of the spouses passes away.
- The recipient spouse starts living with someone.
- Career change, job loss, or reduction of income of the recipient spouse.
Similarly, modification in or termination of child support can be asked for because of the following circumstances:
- The child turns 18 years old. However, if he/she has yet to graduate high school, the child support can be terminated when they turn 19 years of age or graduate before that.
- There is a material change in circumstances due to job loss, income change, etc.
Making post-decree modifications in Elgin, Illinois, can be a time-consuming and confusing process, but not when you have experienced family law attorneys from the Casement Group on your side. This includes a thorough consultation in which we will discuss your rights, your children’s best interests, and aggressive representation to ensure a fair process. Call us by dialing 847-888-9300.