Post-Divorce Modifications: What You Can and Cannot Change in Illinois

 Posted on March 06, 2023 in Divorce

If one thing is certain in life, it is change. People change jobs, get divorced, remarry, and move to new residences. As life events unfold, the circumstances that gave rise to certain court orders may also change. Consequently, some individuals find themselves in need of changes to their divorce decree. When it comes to making modifications after a divorce, modifications are possible in many situations—but not all.

Modifying Child Custody After a Divorce

Your parenting plan outlines each parent's rights and responsibilities regarding the care of your children. When it comes to changing a parenting plan after a divorce, Illinois law allows modifications if it is in the best interests of the child. However, Illinois courts do not want parents changing the parenting plan frequently because this can be hard for children to adjust to. If it has been less than two years since you got divorced or last modified the allocation of parental responsibilities, you can only modify parental responsibilities if the child is in serious risk of harm.

Parenting time or visitation can be changed more easily. Parents seeking a modification will only need to show that there has been a substantial change in circumstances that warrants a modification and that the change is in the child's best interests.

Modifying Child Support After a Divorce

In Illinois, you can modify the amount of child support that is paid after the divorce if there has been a substantial change in circumstances that warrants a modification. Job changes, unemployment, medical issues, or other changes in circumstances could potentially result in a change to child support. If you seek an increase or decrease in the amount of your court-ordered child support, both parties will need to provide financial documentation and supporting evidence.

Modifying Property Division After the Final Divorce Decree

Typically, the division of assets in a divorce case is final and ex-spouses cannot modify the terms of asset division. However, there are a few exceptions. For example, if you find out that your spouse was hiding assets or lied on his or her financial disclosure, you may be able to get the case reopened.

Contact our Kane County Divorce Modifications Lawyer

Certain elements of the divorce decree can be changed relatively easily. However, there are high burdens of proof required to change other elements. Whether you need to modify your child support order, child custody arrangement, or another aspect of the divorce decree, our St. Charles divorce attorneys can help. Call our office at 630-584-4800 for a free consultation.

Source:

https://www.ilga.gov/legislation/ilcs/documents/075000050k510.htm