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Post-Divorce Modifications

Attorney in Naperville, Illinois

After your divorce is finished, things may change over time in your life, creating the need for post-decree modifications. Some of the changes may be completely unexpected and unanticipated. As a result, you may notice that what worked at the time of the divorce may not work forever. Depending on your circumstances, you may be able to change a parental responsibilities (custody) agreement, a child support order, or even modify spousal support (maintenance.)

At Emmerth Divorce Law, PLLC, we are experienced in post-divorce modifications and have dealt with hundreds of clients seeking to change the terms and provisions in their divorce decrees. I understand that life, needs, and circumstances change over time. If you are considering pursuing a post-decree modification, contact me to discuss your unique situation. I can examine the details of your case and help you devise a legal strategy to obtain a favorable outcome.

From my office in Naperville, Illinois, I help clients handle post-divorce modification cases throughout the state, including Oak Brook, Warrenville, Hinsdale, St. Charles, Wheaton, Geneva, and Downers Grove.

Guidance when life changes after divorce.

When circumstances shift, your agreements may need to as well. We help you modify custody, support, and other terms to reflect your current situation and protect what matters most.

What Is a Post-Decree Modification?

After a divorce is final, parties may no longer be satisfied with the terms of their divorce settlement. Typically, post-decree modifications involve requests to modify the following court orders:

• Child custody (parental responsibilities). While Illinois law no longer uses the term “child custody,” many people still refer to parental responsibilities orders as child custody. A modification to child custody is possible when the parents’ circumstances or the child’s needs change, making it difficult to comply with the terms of the order.

• Child support. There are a few circumstances that may warrant a modification to child support. A parent has a right to request changes to a child support order regardless of whether they pay or receive support.

• Spousal maintenance (alimony). As with child support, a modification to spousal maintenance may be permitted by the court under certain circumstances. Spousal support could be terminated or decreased/increased at the request of either spouse.

• Contempt. Often, a spouse pursues a post-divorce modification when the other spouse violates the terms of a family court order. When this happens, the non-compliant party could face penalties if found to be in contempt of court.

Consider speaking with a skilled post-divorce modifications attorney in Naperville, Illinois, to learn more about the circumstances that warrant modifications to child custody, child support, and spousal support.

Modifying Child Custody/Support

In Illinois, courts may modify parental responsibilities orders (also known as child custody orders) when a substantial change in circumstances has occurred. The change in circumstances must have arisen since the entry of the original or last modified order and was not anticipated at the time of entry. The following situations may warrant modifications to child support:

• Relocation

• Changes in the child’s needs or health

• A parent’s conviction of a violent crime

• Child abuse, neglect, or abandonment

Child support is also modifiable in Illinois. Parties can request to change the amount of child support when material changes in circumstances arise, such as the loss of a job, changes in income, or promotion. Child support orders last until the child reaches the age of majority (18 years of age) and becomes an adult.

Modifying Spousal Support

Under certain circumstances, spousal maintenance, also known as spousal support or alimony, can be either modified or terminated in Illinois. Situations in which spousal support automatically terminates include:

• Remarriage. The supported party automatically loses their right to spousal maintenance upon remarriage. Illinois law requires the party receiving alimony to notify the paying party at least 30 days before the remarriage.

• Cohabitation. Another situation that warrants termination of spousal support in Illinois is the supported party’s cohabitation. Cohabitation is defined as living with another person in a continuous conjugal relationship.

• Death. If either party dies, alimony payments stop. In other words, if the payor dies, their estate will not have an obligation to keep paying spousal support to the decedent’s ex-spouse.