Wheaton Post Divorce Modification Attorneys

Lawyers for Post Divorce Modifications in DuPage County

Over time, the circumstances of divorced spouses can change, and the terms of a divorce decree or settlement may no longer be appropriate. The law makes provisions for arrangements initially determined in a divorce to be modified if and when it becomes necessary. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we help clients request or oppose changes to child support, custody/visitation, and maintenance/alimony arrangements. Post-divorce modifications can become contentious matters quickly. Our attorneys strive to resolve these issues amicably and efficiently wherever possible, but we are always prepared to zealously advocate for our clients' interests and the interests of their children before a judge.

Post-Divorce Modifications in Family Court

In order to get approval for modifications to existing custody or support arrangements from the family court, the petitioner must demonstrate significant changes in family dynamics or financial circumstances. Those changes must also be long-term changes. For example, a modification could be granted if:

• One party gets promoted or gets a new job with a substantially higher salary.
• One party loses a job or makes a substantially lower salary.
• One party becomes disabled.
• One party remarries or has another child.
• The medical or educational needs of the child change.
• The child wishes to live with the other parent (in some cases).
• One parent wishes to relocate out-of-state or to a new home within the state that is a significant distance away from where they currently live.

In general, the allocation of parental responsibilities (legal custody) cannot be modified within the first two years after a divorce decree or child custody order was issued. Parenting time may be modified at any time after the finalization of a divorce, as long as there have been significant changes in circumstances warranting the change. The court will consider the best interests of the child first and foremost in most cases involving child custody, visitation, and child support.

In cases involving requests to modify child support or spousal support, the court may look at the financial circumstances of both parties. If there is a valid reason why an ex-spouse can no longer meet their obligations, the amount of support they are required to pay may be lowered. In some cases, temporary reductions may be made until a person can find new employment. Permanent reductions may be appropriate in some situations, such as when a person has a disability that will limit their ability to earn an income. It is important to note that until modifications are approved by the court, financial obligations will remain in place. Any payments that are owed must be paid. However, modifications may be retroactive to the date that a petition was filed.

Our attorneys can examine the circumstances of your modification and provide a realistic evaluation of the likelihood that the modification will be approved. We can prepare and submit petitions and provide persuasive arguments demonstrating that modifications are appropriate based on a family's changed circumstances. We can also provide representation for ex-spouses who need to respond to modification requests, and we will work to ensure that their rights and interests are protected.

Contact Our DuPage County Post-Decree Modification Lawyers

If you would like to request or oppose a modification to your divorce decree or settlement, contact us at 630-665-7300 to learn how we can help you. We will answer your questions, explain the modification process, and advise you on how best to proceed. Our firm is located in Wheaton, Illinois, and we work with clients throughout the Chicagoland area, including DuPage, Kendall, and Will Counties.