When Can an Illinois Divorce Decree Be Modified?

The divorce process can be difficult, and after couples have taken so much time and effort to separate their lives, make changes to the ways they handle their finances, and establish arrangements for sharing custody of their children, they will usually be ready to be done with legal concerns. However, circumstances in the lives of ex-spouses and their children can change, and it may be necessary to make modifications to the original divorce decree. This may require a couple to return to court to address these issues and work to resolve disagreements about how matters will be handled going forward.

For divorced ex-spouses in Illinois, it is important to understand when a divorce decree can be modified and what types of changes may be made. For those who are seeking modifications or need to respond to modification requests from an ex-spouse, a skilled, experienced attorney can provide legal guidance and ensure that the proper procedures are followed. By addressing these issues correctly, a person can make sure their rights will be protected while advocating for solutions that will meet the ongoing needs of themselves and their family.

Reasons for Requesting a Modification

Ex-spouses may request post-divorce modifications for various reasons, including:

• Changes in income: Significant increases or decreases in either ex-spouse’s income due to job loss, promotion, or change in employment status may affect their financial status. For example, if a person who is paying financial support to their ex-spouse loses their job, they may request a modification that will temporarily pause support payments until they can find new employment or permanently decrease their financial obligations due to limitations on their ability to earn sufficient income.
• Relocation: A parent may make plans to move to a different city or state for employment or family reasons. If they plan to bring their children with them on this move, they may request modifications to their parenting plan that could affect the other parent’s amount of parenting time or other issues.
• Health issues: Serious illnesses or disabilities affecting either party may be a reason to request a modification. A parent who becomes disabled may not be able to provide proper care for their child, and adjustments to child custody may be necessary. Health issues may also affect a person’s ability to work, and they may request changes to financial support obligations.
• Changes in children’s needs: As children grow, their educational, medical, or other needs may change. This may lead a parent to request a change to how certain child-related issues will be handled.
• Remarriage or cohabitation: When either party begins a new romantic relationship, this could affect their relationship with their children or their finances. Either party may believe that new living arrangements will require modifications to child custody or other terms of a divorce decree.

Terms of a Divorce That May Be Modified

Child custody arrangements are the terms of a divorce decree that are most likely to be modified in the years following the end of a couple’s marriage. Depending on the changes that have occurred, a parent may believe that the allocation of parental responsibilities (also known as legal custody) should be changed based on how the parents have handled decision-making for their children. If one parent has not been involved in their children’s lives, and significant changes have occurred since the finalization of the divorce, the parent who has handled most of the responsibilities may request a modification to make sure they will be able to make necessary decisions without consulting with the other parent.

Parenting time (also known as physical custody) may also be modified if necessary. Parental relocation, changes in parents’ availability due to new employment, or changes in children’s schedules for school or activities may be reasons to make adjustments to the schedules for when children will live or spend time with each parent.

If changes are made to where children will primarily live or when they will spend time with each parent, child support orders may need to be adjusted accordingly. For example, if a child had lived primarily with one parent, but they will begin spending more time in the other parent’s home, child support may be adjusted to ensure that the parent with the minority of the parenting time is making payments to the other parent. Child support payments may also be modified based on changes in parents’ incomes or to address increased needs for a child.

If a divorce decree stipulates that one spouse will pay spousal maintenance (also known as alimony or spousal support) to the other, these obligations may be modified in certain circumstances. The remarriage of an ex-spouse who receives spousal support will automatically terminate the other ex-spouse’s obligation to make payments. Cohabitation by the recipient spouse with a new romantic partner will also result in the termination of spousal support obligations. Modifications to the amount of alimony may also be necessary to address changes in income or other financial concerns.

Requirements When Making a Modification Request

Either party may request a post-divorce modification by filing a petition in their local family court. For a request to be approved, a person will typically need to demonstrate that there has been a significant change in circumstances. In cases involving child custody or other child-related issues, a person will need to show that their requested modifications will be in the best interests of their children. 

In many cases, a couple will be encouraged to use mediation or other methods to reach agreements about the modifications that will be made to their divorce decree. However, if they are unable to find mutually agreeable solutions, a hearing may be held where a judge will review the modification request, objections or proposals made by the other party, and factors that may affect the best interests of the couple’s children to determine what modifications may be put in place.

Contact a Kane County Post-Divorce Modification Attorney

Because of the complex legal procedures involved in modifying a divorce decree in Illinois, it is important to work with an attorney to address these issues. An experienced Kane County divorce decree modification lawyer can assist with preparing and filing a modification petition or responding to a modification request. They can also provide representation during legal proceedings and advocate for solutions that will address changed circumstances while protecting the rights and interests of their client.