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Family needs and circumstances can and do change, and depending on the significance of the changes, a change in the terms of your divorce decree might be warranted. Oftentimes, modifications to certain aspects of the settlement agreement or the divorce decree are sought in order to account for financial, career, educational, or emotional changes.
Some of the more common post-divorce modifications include:
A child support may be modified if there has been a “substantial change in circumstances.” A court will generally permit a reduction in child support payments if the change in circumstances is caused by a factor that is out of the control of the paying parent, such as a job layoff. If, on the other hand, the paying parent voluntarily reduces his or her income by quitting his or her job, the court will likely deny the request for a child support reduction.
Regardless of the circumstances, only the court can approve the modification of a child support order after considering all of the circumstances surrounding the request for child support modification
In Illinois, child custody and visitation arrangements may be modified by the court if there is clear and convincing evidence that the circumstances have changed such that a modification to the custody and/or visitation arrangement is necessary in order to protect the best interests of the child. The court will make its determination on whether to modify an existing child custody or visitation arrangement based on the best interests of the child by considering factors such as the following:
If a custodial parent requests court approval to move to another state with the child(ren), the court must consider the following factors:
Once a divorce settlement is reached and the divorce is finalized, issues regarding finances, parenting, insurance, and taxes can continue to arise. At the Law Offices of Miriam Cooper, our skilled Illinois family law attorneysare well-versed in the multitude of issues that can arise post-divorce and we are well-equipped to help our clients navigate these issues as efficiently and effectively as possible.
If you are divorced and have questions regarding post-divorce matters, contact our office at 847-995-8800 to schedule an appointment with one of our divorce attorneys to learn more about your post-divorce options.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.