Modifying a Divorce Decree: When Reality Creates Necessity

 Posted on January 27,2014 in Divorce

Change is one of life’s undeniable forces. People’s beliefs and situations change and, as such, so do their needs and desires. The laws of the land have recognized this fact, and created situations in which a divorce decree can be modified, depending on the circumstances of the parties involved. Illinois recognizes the importance of changed circumstances and allows for modification of divorce agreements.

The Law

In Illinois, Section 510 of 750 ILCS 5, the Illinois Marriage and Dissolution of Marriage Act, specifies the scenarios under which a modification is warranted. Under Section 510, there can be a modification of provisions for maintenance, support, educational expenses, and property disposition. Section 510 establishes that a judgment concerning maintenance or support may be modified, but only “as to installments accruing subsequent to due notice by the moving party of the filing of the motion for modification” unless the judgment expressly precludes or limits modifications.

A child support order may be modified if the party receiving the support can show a substantial change in circumstances. If the party receiving support cannot show a substantial change in circumstances, then the judgment can be modified if that party can show at least a 20 percent inconsistency between the existing order and the amount that is established using the guidelines set forth in Section 505. If, however, that inconsistency is the result of a deviation from the guidelines, and there has not been a change in circumstances that resulted in that deviation, then no modification will be allowed. The inconsistency provision only applies if a party is receiving child support enforcement services and only if at least 36 months have passed since the order was entered or last modified. Additionally, there is no necessity to show a substantial change in circumstances if a need can be shown to provide for the health care needs of the child.

Modification of an order for maintenance may occur upon a showing of a substantial change in circumstance. In proceedings to determine a modification of maintenance, the court shall consider factors set forth in Section 504(a) in addition to several other factors, including, but not limited to: a good faith change in employment status by either party; the efforts of the receiving party to become self-supporting; the increase or decrease in either party’s income; the property currently owned or acquired by each party; and any other factors the court finds to be just and equitable.

Legal Help

If you or someone you know has experienced changed circumstances since the initial divorce decree was finalized, a modification or termination may be warranted in order to better equalize the original terms of the agreement. Because of the complicated nature of this law, you should contact a professional Illinois family and divorce attorney to help you or someone you know determine if a modification or termination of the divorce decree is a possibility. The Professionals at Goostree Law Group, can provide the assistance you need. Call today 630-584-4800.