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Post-Divorce Decree Modifications
When two people divorce, they may arrive at an acceptable settlement to allocate their property and other interests, including parenting time with children and an amount of support. However, this does not close the book on all marriage-related matters forever. It is possible in Illinois to make certain modifications to your divorce decree after a Judgment is entered, though not all issues may be reopened.
Spousal & Child Support
In Illinois, a modification to either spousal support or child support may be made if a “substantial change in circumstances” has taken place. Modifications usually occur when someone has either sustained a loss (for example, if the noncustodial parent is loses a job), or when someone has had their financial situation improve. However, it is important to remember that until a court rules on a motion for a modification, payments must continue as previously set. If a party ceased paying support, or began to pay less, it could result in a party filing a petition seeking contempt of court.
Parenting Time
In order to make a modification in parenting time arrangements, it must be shown that the change will serve the best interests of the child. In considering what is in the child's best interests, there are a number of factors that must be taken into account, including the child's relationship with all involved, his or her wishes, and any questions regarding his or her safety.
To actually seek a modification in parenting time arrangements, in many cases mediation is required first. Assuming an agreement is not reached in mediation, a petition must be filed.
Ask a Family Law Attorney for Help
An experienced divorce attorney is the best person to go to have your questions about post-divorce modification answered. The skilled Wheaton, Illinois family law attorneys at MKFM Law have many years of experience in divorce cases, and we are happy to help you through the process. To set up an appointment, contact us at 630-665-7300 today.
Sources:
http://www.ilga.gov/
http://www.ilga.gov/
Read MoreServing DuPage, Kane, Kendall, Will, Cook, and Lake Counties Since 1949
For guidance with your case, contact our attorneys at 630-665-7300. We will answer your questions, explain the process relevant to your case, and advise how best to proceed. Our firm has locations in Wheaton and St. Charles, Illinois, and we work with clients throughout the Chicagoland area, including, DuPage, Kane, Kendall and Will Counties.
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From our law offices in Wheaton and St. Charles, the family law and civil litigation law attorneys of Mirabella, Kincaid, Frederick & Mirabella, LLC represent businesses and individual clients throughout the western suburbs of Chicago, including Wheaton, Naperville, Oak Brook, Oakbrook Terrace, Glen Ellyn, Carol Stream, Lombard, Downers Grove, Burr Ridge, Hinsdale, Lisle, Elmhurst, Winfield, Woodridge, Warrenville, and throughout DuPage County. We also serve clients in Will County, Kendall County, and Kane County, including St. Charles, Geneva, Batavia, Aurora, North Aurora, Elgin, Algonquin, Barrington Hills, Bartlett, Big Rock, Burlington, Campton Hills, Carpentersville, West Dundee, East Dundee, Elburn, Hampshire, Huntley, Kaneville, Maple Park, Sleepy Hollow, and Wayne.
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1737 South Naperville Road, Suite 100, Wheaton, IL 60189
630-665-7300
