What to Know About Post-Judgment Modification in Illinois

What to Know About Post-Judgment Modification in Illinois

The months and years following a divorce may bring change to the former spouses’ life circumstances. These life changes may require a modification to their initial divorce agreement. If you believe that you require such a change, continue reading to learn everything you need to know about modifying child custody, child support, and spousal maintenance in Illinois. If you require assistance with this process, do not hesitate to reach out to our experienced Illinois divorce attorney today.

What should I know about child custody modification in Illinois?

If there has been a substantial change in circumstances in the child or parent’s life after a divorce, it is possible to modify an existing allocation or parental responsibilities order. The change in circumstances must involve a matter that impacts the child’s well-being directly. This may include a change in a parent’s work hours or something as severe as abuse or neglect of the child by the custodial parent.

What should I know about child support modification in Illinois?

The guidelines child support is based on in Illinois establish minimum amounts considering the number of children in the family and based upon the payor’s income. Child support may be modified if there is a substantial change in circumstances such as a parent losing their job or getting a promotion.

If a parent loses their job or suffers any other financial hardship, they are entitled to seek suspension, termination, or downward modification of child support. Changing an obligation to pay child support can only be done by a court order. The payor must file a written petition requesting termination or modification of child support immediately upon the financial hardship. Child support payments can only be reduced by the court retroactive to the date of filing. It is also possible for child support to be increased when the payor’s income is increased from investments, wages, windfalls, or any other means.

What should I know about spousal maintenance modification in Illinois?

Situations may arise that constitute a modification to an initial spousal maintenance agreement. This may increase circumstances such as the spouse receiving spousal maintenance remarrying or living with another person. In this case, the payor may request a modification or elimination of spousal maintenance. Other factors that may warrant an alimony modification include raises or demotions at work and certain costly medication treatments.

Contact Our Experienced Illinois Firm

At Butler, Giraudo & Meister, P.C., our Peoria and Tazewell County divorce lawyer will help you navigate the challenges of any divorce or family law matter you may be facing. We are dedicated to the practice of Family Law. We provide effective and compassionate legal counsel for the following legal matters: divorce, alimony, division of marital assets, child custody, and child support. Contact us today.

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