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Modifications to Illinois Divorce Decrees

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oak brook divorce lawyerMany people would like to believe that once their divorce decree is final, they will never have to deal with their ex in a courtroom again. The truth of the matter, however, is that there are several issues that could come up that may necessitate a modification to the couple’s divorce judgment. Whatever the reason for the modification petition, there are requirements set forth by the state of Illinois that must be shown to the court to be granted the requested modification.

What Can Be Modified?

Under Illinois law, almost every part of a divorce decree can be modified if sufficient evidence is shown for its necessity. In the majority of cases, changes are requested due to alterations in living conditions, such as the loss of a job or a relocation. Generally, however, the most common type of change requested is support modification. In Illinois, child support, in particular, is often the subject of modification requests.

To have a modification granted, the individual requesting the change must show a substantial change in circumstances. That substantial change must be shown even if your situation is in dire need of adjustment, because without that requirement, in theory, any spouse could just appear in court and demand a change without justification.

Common Reasons for Modification Requests

There are many different reasons why people ask for modifications, but the most common tend to appear again and again, most likely because they are fairly easy to substantiate. For example, if someone loses a job, it is reasonably easy to show their reduced income, or reduced circumstances that might cause them to relocate.

Spousal support, in particular, is more likely to be modified on such a basis, because an ex-spouse may now be working and earning a living; thus they are able to support themselves and should not longer require an alimony check to do so. 

Aside from losing a job or otherwise finding oneself in reduced circumstances, it is also common to ask for modifications based on schedule changes. If someone changes jobs or has to move, they may require more commute time, or they may find another job that requires longer hours. All of these factors can contribute to a parent’s request to request a change in the original parenting plan issued at the time of the divorce.

Let a Burr Ridge Family Lawyer Help

If you have found yourself in a position where your life circumstances now require a change in your divorce decree, a dedicated Oak Ridge, IL modification attorney from Botti Marinaccio, LTD. can help. Call our office today at 630-575-8585 to schedule a free and confidential consultation and find out what legal options you may have for your situation.

 

Source:

http://www.ilga.gov/legislation/ilcs/documents/075000050k505.htm

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Botti Marinaccio, LTD.

630-575-8585

2015 Spring Road, Oak Brook, IL 60523

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