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Kane County Post-Divorce Modifications Lawyer

Kane County Post Decree Modifications Lawyers

Divorce Attorneys For Changing Child Support, Alimony, and Parenting Orders in Geneva and St. Charles

Illinois divorce law aims to provide a measure of stability for both parents and children. Therefore, once a divorce has been finalized, the court orders regarding spousal maintenance, child support, and parental responsibilities are legally binding and enforceable for their stated duration. The court will generally alter those orders only if you and your ex mutually agree on a change or if there has been a substantial change in circumstances.

When a major event occurs, whether positive or negative, the compassionate divorce attorneys of Weiler & Lengle P.C. stand ready to assist you. We will review your existing court orders and recommend equitable adjustments to accommodate your change in circumstances. We will then file the necessary documents with the court, ideally obtaining your spouse's agreement in the process.

You can rely on our decades of experience in divorce law and the Kane County court system to deliver positive results in a timely manner, always with your best interests at heart. It is particularly important to have an attorney who understands and can anticipate the potential ramifications of modifying an existing order, particularly if the original order was made under previous laws. Requesting a modification can have many ramifications beyond just the intended result.

Modifying Child Support Payments in Kane County

You may ask the court to modify your child support order when either a child or parent has had a substantial change in circumstances such as:

  • A large increase or decrease in either parent's income, which can affect both the total child support obligation and each parent's share thereof.
  • A significant change in either parent's expenses that affects their ability to pay, such as the end of spousal maintenance payments or a catastrophic injury.
  • A change in a child's needs, such as new medical or educational expenses.
  • A shift in the amount of time a child spends with each parent.

Modifying the Allocation of Parental Responsibilities

The allocation judgment is the court order that assigns specific parenting time and significant decision-making responsibilities to each parent. The term parenting plan, meaning a written agreement between the parents that covers those matters and is submitted to the court for approval as part of the divorce settlement, is sometimes used interchangeably with the term allocation judgment.

Modifications by Mutual Agreement. Parents may mutually agree to change their parenting time schedule and/or division of parental decision-making responsibilities at any time. But they must still submit the change to the court in order for the change to be legally binding, per Illinois law 750 ILCS 5/610.5.

Disputed Modifications. In the absence of mutual agreement, you must allow an existing order regarding parental decision-making responsibilities to remain in place for at least two years before the court will consider a request for changes, per Illinois law 750 ILCS 5/610.5(a). An exception is allowed if you can show that a child's well-being is seriously endangered under the current plan. The two-year waiting period is not required to request a change to the parenting time schedule.

When just one parent requests a modification, the court will approve it only after being convinced that the modification is in the best interests of the child and that the change is necessary due to a substantial change in the circumstances of a child or parent. Examples of a substantial change in a parent's circumstances might include a change in their work hours, a relocation of residence, or a serious illness. A child's circumstances may change due to educational needs, medical issues, or extracurricular activities.

Absent a substantial change in circumstances, the court may approve a modification if it is minor, if the parents have already been operating under this modification without objection for the prior six months, or if the court is made aware of circumstances that, if known at the time, would have altered the original order, per Illinois law 750 ILCS 5/610.5(e).

Modifying Maintenance or Spousal Support

If your court order for maintenance expressly states that it is non-modifiable, you cannot request any changes to it, per Illinois law 750 ILCS 5/502(f). In the absence of such a provision, you may ask the court to alter a maintenance order when either the payor or the recipient experiences a substantial change in circumstances. The payor, for example, may ask for their payments to be reduced if their ability to pay is seriously impaired by loss of employment or extraordinary medical bills. A payor might also request a reduction or termination of support if the recipient experiences a large increase in income, remarries, or cohabitates with a new partner.

St. Charles Divorce Lawyers Handling Divorce Order Modifications

Court orders are legally binding and there are penalties for failing to comply. If you want to modify any orders related to child support, parenting, or maintenance, the divorce attorneys at Weiler & Lengle P.C. can help. Contact us at 630-382-8050. We serve clients in St. Charles, Geneva, and neighboring communities in Kane County.

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