A divorce decree in Illinois marks the end of a marriage, but when children are involved, the legal relationship between parents continues. After a divorce, custody and support orders are put in place to ensure the well-being of the children. However, life changes and things that worked at the time of the divorce may not be suitable down the road.
This is where post-divorce modifications come into play. If you’re facing a significant change in circumstances, you may need to modify your custody or support orders.
So, can divorce decrees be modified? Yes, they can, and here’s what you need to know about divorce modification in Illinois.
When Can You Modify Custody and Support Orders?
In Illinois, custody (now referred to as “parental responsibilities”) and support orders can be modified, but certain conditions must be met. The court generally requires that at least two years have passed since the original order was entered before considering a modification to custody. An exception to this situation would be an emergency that threatens the child’s safety or well-being.
For support orders, modifications can be requested whenever there is a substantial change in circumstances.
Common Reasons for Divorce Modifications
There are various reasons why a parent might seek to modify custody or support orders. Some of the most common include:
- Change in Employment or Income: If a parent experiences a significant change in their financial situation, such as losing a job or receiving a substantial raise, it might be necessary to adjust child support payments.
- Relocation: If one parent needs to move to a new location, especially if it’s out of state, a modification of the custody arrangement might be necessary to account for the increased distance between the parents.
- Changes in the Child’s Needs: As children grow, their needs change. If a child develops a medical condition or requires special schooling, the support order might need to be adjusted to cover additional expenses.
- Parental Behavior or Lifestyle Changes: If one parent experiences significant lifestyle changes, such as addiction issues or entering a new relationship, the court may reconsider the current custody order to ensure the child’s best interests are being met.
How To Modify Custody and Support Orders
Modifying custody or support orders involves a legal process that starts with filing a petition in the court that issued the original order. Here’s a step-by-step guide to help you navigate the process:
- Consult With an Attorney: It’s advisable to consult with a family law attorney who understands Illinois law and can guide you through the modification process.
- File a Petition: The first legal step is to file a petition for modification with the court. This petition should outline the changes in circumstances and explain why a modification is necessary.
- Serve the Other Parent: The other parent must be formally notified of the petition. This allows them to respond and present their side of the case.
- Attend a Hearing: The court will schedule a hearing where both parents can present evidence and arguments. The judge will consider all relevant factors, including the best interests of the child, before making a decision.
- Court Decision: After the hearing, the judge will issue a decision. If the court agrees that a significant change in circumstances has occurred and that a modification is in the child’s best interest, the custody or support order will be modified accordingly.
What About Decisions Regarding the Division of Property?
In most cases, court orders concerning the division of marital property in your original divorce decree are final and cannot be altered after a divorce is granted. However, there are certain situations where a couple may need to return to court to resolve issues that have surfaced or been discovered post-divorce.
For instance, if you find that your spouse concealed assets or failed to disclose financial information as required during the divorce process, you may have grounds to file a petition to reopen the case. This filing allows you to address these matters and ensure that you receive a fair and equitable share of all marital assets.
Why Choose Crosby & Crosby Law?
Whether the circumstances involve children or property, navigating post-divorce modifications can be complex and emotionally challenging. At Crosby & Crosby Law, we understand the importance of ensuring that custody and support orders, or orders relating to property, reflect your current situation. Our experienced family law attorneys are here to help you every step of the way, providing compassionate and knowledgeable representation in modifying the terms of your divorce.
Contact Us Today
If you believe you need to modify your divorce decree in Illinois, don’t wait. Contact Crosby & Crosby Law in Rockford, IL, to discuss your case and explore your options. We’re committed to helping you achieve the best outcome for you and your children.
