As you may know, in the months and years following a divorce, it is not uncommon for one person to require a change to their initial divorce agreement. If you require such a change, continue reading and contact an experienced Tazewell County post-judgment modification lawyer here at Butler, Giraudo & Meister, P.C.
Do I Need a Tazewell County Post-Judgment Modification Lawyer?
If you find that your current circumstances no longer suit your previously-established child custody, child support, or spousal maintenance (alimony) agreement, you should strongly consider reaching out to an experienced Tazewell County family law attorney who can work to prove that you truly require a post-judgment modification.
Modifying Child Custody in Illinois
Modifying an existing allocation of parental responsibilities order (child custody and visitation order) is possible if there has been a substantial change in circumstances in either a child’s or parent’s life following the divorce. Not only must the change be substantial, but it also must involve a matter that directly impacts the child’s well-being. For example, a change in a parent’s work hours may necessitate a change in the visitation schedule, whereas abuse or neglect of the child by the custodial parent may require the other parent to petition for a change in custody.
Our legal team has handled thousands of child custody modification and child custody dispute cases. We have experience both in negotiating custody and visitation arrangements and in taking cases to court in order to assert our clients’ rights and interests. Speak with an experienced Tazewell County post-judgment modification lawyer here at Butler, Giraudo & Meister, P.C. can help determine whether your change in circumstances warrants a modification of the court order.
Modifying Child Support in Illinois
In Illinois, child support is based upon guidelines in our law which establish minimum amounts, considering the number of children in the family. The analysis is primarily based upon the payor’s income. Once determined, child support may be modified if there is a substantial change in circumstances. For example, child support may decrease if a parent loses his job or increase so that a child can benefit from a parent’s promotion or substantial inheritance. Speaking with an experienced Tazewell County post-judgment modification lawyer can help you determine whether child support modification is possible in your case.
Upward And Downward Child Support Modification
The reality is that a parent cannot pay child support if he or she does not have the means to do so. In situations of job loss or other financial hardship, the payer is entitled to seek suspension, termination or downward modification of child support. The only way to effectively change an obligation to pay child support is by a court order. Failure to obtain the order means that even though, for example, a person has lost his job, his child support continues. A court will not go back in time and decrease the child support obligation.
It is critical that the payor file a written petition requesting a modification or termination of child support immediately upon the financial hardship. The court can only reduce child support payments retroactive to the date of filing.
Child support may also be increased when the paying parent’s income is increased from wages, investments, windfalls or any other means. If the increase to full statutory guideline amount would constitute a windfall to the custodial parent far in excess of the child’s actual needs, the modification may be minimized accordingly, based upon the standard of living of the parties.
Modifying Spousal Maintenance in Illinois
Oftentimes, situations arise that may constitute a modification to an initial spousal maintenance agreement. For example, if the spouse receiving spousal maintenance remarries or is living with another person, the payor may request a modification or elimination of spousal maintenance. Raises or demotions at work may also warrant an alimony modification. Even certain costly medical treatments may warrant a modification to spousal maintenance.
Contact a Tazewell County Post-Judgment Modification Lawyer
The bottom line is that if you need legal assistance in obtaining a post-judgment modification or with any other family law matter, our team is on your side. Contact Butler, Giraudo & Meister, P.C. today to schedule your initial consultation with our experienced legal team.