The Law Office of Matthew M. Williams, P.C.

630-409-8184

1444 North Farnsworth Avenue, Suite 307, Aurora, IL 60505

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Kane County parenting time modification attorney

When making divorce arrangements, the idea is that the terms will last a lifetime. While this may work for some of the areas in a divorce, such as property division, parenting plan arrangements may not last the test of time. There are a number of reasons why someone may want to modify a parenting plan, but the court will only allow it if it is in the best interest of the child. What a parent thinks is best for the child and what the court sees as best for the child can be extremely different. That is why it is important to work with an experienced divorce attorney to determine what circumstances warrant these adjustments.

Danger Is a Possibility

The primary instance in which a parenting plan agreement is modified is if a child is in harm’s way. If domestic violence is present in either of the child’s assigned homes, a court will immediately take action to protect the child. If the custodial parent is showing signs of abuse toward his or her child, the agreement may be modified so that the child no longer lives in that household. If the non-custodial parent is suspected of abuse, he or she may be required to have supervised visitation with the child or may lose visitation rights altogether.

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Kendall County parenting time attorney

The coronavirus pandemic has changed how we go about our daily lives in almost every aspect. Many states across the country have closed non-essential businesses, which include dining rooms for restaurants, movie theaters, non-essential retail businesses such as malls and clothing stores, and even many office buildings. These measures have been put into place to try to stop the spread of this new virus, also known as COVID-19. At the time of this writing, the United States has surpassed every other country in the world with the number of confirmed COVID-19 cases. In Illinois alone, there have been more nearly 6,000 confirmed cases, with 99 deaths reported. Many people have been wondering how this pandemic will affect their family situations, such as parenting time, especially those parents who are divorced with kids who are splitting time between different households.

Understanding Illinois’ Stay-At-Home Order

In an effort to curb the spread of coronavirus, many states have also enacted “stay-at-home” orders that prohibit citizens from gathering with other people who are not household members. Illinois Governor J.B. Pritzker issued a statewide stay-at-home order that started on March 21, stating that individuals should only leave their homes for essential or life-sustaining services. Illinoisians are still permitted to leave their homes for things such as outdoor exercise, going grocery shopping, attending doctor’s appointments, and going to work at an approved essential business.

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Posted on in Divorce

divorce, DuPage County divorce attorney, Modifying Orders in Divorce,child support, child custody, family lawDivorce settlements and orders should always be drafted to address the future. The reason is because the decisions made during a divorce many times controls how your family grows after a divorce. Even in cases where careful planning and consideration is used in drafting an order in a divorce, life changes may dictate that the order may need to be modified at a later date.

What Can Modified?

In order to modify an order handed down in a divorce proceeding the very first thing you must do is petition the court. This is where the help of a dauntless DuPage County family lawyer will be able to help. The types of orders that one can petition the court to modify include:

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order modification, Aurora family law attorneyWhen you are responsible for making child support payments, virtually every financial decision you make can affect your ability to meet your obligations. This is especially true if you are considering a job or a career change, as your income is very likely to change. While an increase in your income can be a good thing, a decrease could make it impossible for you to comply with your child support requirements. You may be able to petition the court for an order modification, but depending upon the circumstances of your employment, your request could be denied.

Illinois Law

According to the Illinois Marriage and Dissolution of Marriage Act, your order for child support may be amended upon a showing of a substantial change in circumstances. Losing a job, starting a new one, a significant promotion or demotion, and a complete career change could all create a significant difference in your monthly and annual income. The law recognizes a change in employment status as one of the possible causes of a substantial change in circumstances for the purposes of pursuing an order modification.

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alimony, support, DuPage County family lawyerWith relatively significant changes regarding divorce and child custody going into effect this month, some of the smaller updates to the law may be going somewhat unnoticed. While some, such as new requirements for courts to enter the judgment within 60 days of the close of proofs, will have more of a procedural impact than substantive, others, such as those regarding spousal maintenance, can have an effect not only on the immediate order but on the potential for modification in the future.

Spousal Maintenance

In the state of Illinois, there is no presumed right to spousal maintenance in a divorce. Of course, a couple may negotiate a conscionable agreement regarding spousal support, and in such cases, the court will enter the agreement as an enforceable order. Absent an agreement, however, the court must examine the circumstances of the marriage and divorce in deciding whether or not such an award is appropriate. The court must take into account, among other factors:

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order modification, review, Illinois family law attorneyAs 2015 draws to a close, now is a good time to take a fresh look at the orders in place related to your divorce. Most commonly, these include arrangements for child custody or parental responsibilities, child support, and spousal maintenance. Life moves very quickly, and it is important to be sure that your court-ordered rights and responsibilities continue to appropriately match your situation.

Order Modifications

With very few exceptions, any family law order entered by the court is subject review and modification should such changes be warranted. The laws governing order modification typically require the person seeking a modification to demonstrate the need for reconsideration due to a significant change in circumstances. This type of change may include a dramatic increase or decrease in income, a remarriage, death of a family member, and any other event that could directly impact the appropriateness of an existing order.

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military, deployment, Aurora family lawyerMilitary families are often asked to make tremendous sacrifices in order to provide the armed services with manpower necessary to protect the United States of America. Under the best of circumstances, a lengthy deployment or training exercise can have a dramatic impact on the stability of an affected family. Of course, for separated or divorced parents who serve, the effect can be even more severe, as an order for child custody—soon to be called allocated parental responsibilities—cannot possibly take into account the unpredictability of a deployment situation. Fortunately, the law in Illinois provides a measure of relief for military parents which can help them fulfill their duties without the risk of legal action for non-compliance with a family court order.

Helping Military Parents

In most family-related cases, temporary orders are only used until a permanent order can be negotiated or entered by the court. This is not uncommon, for example, between the filing of a petition for divorce and the entry of the divorce judgment, which may not occur for several months. Temporary orders can be used to create custody and visitation arrangements, as well as interim arrangements for spousal maintenance or child support. Once the permanent order has been entered, however, only court-approved modifications can change it, and such modifications are permanent as well.

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child support, order modification, Illinois Family Law AttorneyWhen you are subject to a court order regarding child support, it is obviously very important to meet your required obligations. Your child deserves, at the very least, financial support from both parents, and your payments are intended to help provide him or her with basic necessities including a home, food, and clothing. As time goes on, however, the life situations change. Some changes may be dramatic, such as the loss of a job or serious illness, while others are more gradual, including a rising cost of living and the child’s evolving needs. For this reason, the law in Illinois permits the modification of child support orders to adapt to changing situations.

Significant Change in Circumstances

The most obvious basis for a child support order modification is a drastic change in the life of either parent or the child. A sudden loss of income can make it extremely difficult for you to continue making your required payments. Similarly, if your child is diagnosed with a serious medical condition, his or her financial needs may change significantly in a very short period of time. In such cases, either parent may petition the court for an order modification, while showing the significant change in circumstances and the need for reconsideration.

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The Law Office of Matthew M. Williams, P.C.

630-409-8184

1444 North Farnsworth Avenue, Suite 307, Aurora, IL 60505

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