Making Divorce Modifications in Kane County, Illinois

 Posted on January 31,2022 in Chicago divorce attorney

Although divorce orders are final and upheld by the law, there are many scenarios that can allow for post-divorce modifications to be made. Many things change after a divorce is finalized, and often, people want to revise their existing divorce decree to better fit their new lives. Someone looking to make certain changes will have to submit a petition clearly showing the need for a modification. Speaking with an experienced divorce and family lawyer can help facilitate these modifications to a divorce order. 

What Modifications Can I Make?

Post-divorce order modifications can not be made simply because they upset or inconvenience one of the parties. Although many people are unhappy with the outcome of their divorce orders, that alone would not be grounds to make significant legal changes to a divorce decree. There are, however, underlying factors that warrant a judge reviewing the divorce agreement and potentially making changes. 

The factors that may allow for a divorce modification include:

• Significant financial changes — If there are significant changes to a spouse’s income (increases or decreases), the parties may be able to modify financial obligations within the divorce order. In many cases, a spouse may lose his or her job and become unable to pay alimony or child support. A skilled attorney may be able to petition for a divorce modification to be made to better suit unforeseen financial changes. 

• Additional child care — Post-divorce modifications can be made if a child involved has a sudden change in his or her care needs. If a child falls ill and requires substantial medical care, a divorce order can be changed to reflect new parental obligations. 

• Remarriage — Spousal support payments terminate if the recipient spouse gets remarried. The paying spouse may also be absolved of his or her spousal support obligation if the recipient co-habitates with a significant other in a marriage-like relationship.

• Significant geographical move — In the state of Illinois, a parent may move up to 25 miles away without permission from their ex-spouse. However, significant relocations that would hinder a parent’s ability to spend time with his or her child or fulfill their custody agreement may require a divorce modification to be made. 

• Temporary inability to parent — If a spouse is suddenly unable to care for a child for reasons such as temporary illness, taking care of another family member or temporary relocation, a divorce decree modification can be made to allow for the other spouse to take over providing for the children during that time period.

My Ex-Partner Violated Our Divorce Agreement 

If your spouse has violated your divorce decree, he or she can be held for contempt of court in the state of Illinois. Contempt of court would mean that the spouse has intentionally violated a legal court order and could face jail time or significant fines. Violations of a divorce agreement could be failing to pay child or spousal support, violating custody or parenting time orders, or refusing to give up property or assets stated in the divorce decree. By contacting a Kane County divorce attorney, you can begin the process of petitioning for the spouse to be held accountable. 

Contact a Kane County Divorce Attorney 

Skilled Aurora divorce attorney Matthew M. Williams can answer your questions regarding post-divorce modifications or petitions to hold a spouse accountable for violations. Reach out to our office at 630-409-8184 to schedule a consultation. 

Source(s):

https://www.illinoislegalaid.org/legal-information/enforcing-court-order-divorce-0

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072500050HArt.+114&ActID=1966&ChapterID=54&SeqStart=26200000&SeqEnd=27800000

https://www.ilga.gov/legislation/ilcs/documents/075000050k510.htm