When Can I Seek a Modification of My Illinois Divorce Decree?

 Posted on October 21, 2020 in Post-Judgment Modification & Enforcement

Your life does not, of course, remain static. You may move, remarry, have children, or experience any other major event that will cause drastic life changes. If this happens, it may be necessary to make a modification to your divorce judgment, because what once was acceptable may now be too expensive, or it may be inequitable in terms of cost or time spent. Still, a modification may not be made simply on a whim. There are requirements that must be met in order to make such adjustments.

What Can Be Modified?

Under Illinois law, almost every part of a divorce decree can be modified if sufficient evidence is shown for the necessity. Most of the time, updates are requested due to changes in living conditions, such as the loss of a job or a relocation. Generally, however, the most common type of change requested in Illinois is the modification of spousal or child support.

To have a modification granted, the movant must show a substantial change in circumstances. That substantial change must be shown even if your situation is in dire need of adjustment, because without that requirement, in theory, any spouse could just appear in court and demand a change without justification.

Common Reasons for Divorce Modification Requests

There are many different reasons why people ask for modifications, but the most common tend to appear again and again, in part because they are fairly easy to substantiate. For example, if someone loses a job, it is reasonably easy to show their reduced income or reduced circumstances that might cause them to relocate. Spousal maintenance, in particular, is more likely to be modified on such a basis, because an ex-spouse is in a better position to support themself than a minor child.

Aside from losing a job or otherwise finding oneself in reduced financial circumstances, it is also common to ask for modifications based on schedule changes. If someone changes jobs or has to move, they may require more commuting time, or they may find another job that requires longer hours. All of these factors can contribute to a parent, however motivated they may be, simply not having as much time as he or she did previously to spend with the children. 

Contact a Wheaton Divorce Judgment Modification Attorney

Most people seek a modification of their divorce decree because their own life has changed substantially. If you are in this position, it can help to have a knowledgeable modification attorney on your side. The dedicated DuPage County divorce attorneys at Andrew Cores Family Law Group are experienced, knowledgeable, and compassionate, and we are prepared to work with you to ensure your divorce decree remains equitable. Call us today at 630-871-1002 to set up a free consultation.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+V&ActID=2086&ChapterID=59&SeqStart=6100000&SeqEnd=8350000