Illinois Post Case Modification Attorney & Divorce Order Modification Lawyer

Provisions related to child custody and support are typically binding; however, it may be possible to have specific provisions modified if a court agrees that a modification is in order. To do so, the party seeking the change generally must show that a substantial change in circumstances has arisen since the entry of the original order, meaning the terms of an order cannot be changed simply because of inconvenience.

If a modification may be warranted, it is critical to file as soon as possible, as the burden of proof can become greater if a motion to modify is filed at a later date. For example, if significant time passes, the other party could argue that the filing was out of spite instead of necessity, as no mention of an issue had previously arisen.

Divorce orders are commonly modified to address:

• Child Custody. As a child develops, a child custody and visitation agreement may become unworkable, and the resulting situation may no longer be in the child’s best interests. If your child custody order is compromising your child’s best interests, it may be possible to petition for a visitation or child custody change.
• Child Support. If an ex-spouse receives a significant promotion and raise, it may necessitate updating the support amount your child receives.
• Job Relocations. Many individuals are offered career advancements in exchange for relocating. If such a situation arises, it may be possible to petition for a change in the existing visitation schedule or custody.
• Spousal Support (also referred to as spousal maintenance or alimony). Often a party may retire, become disabled, or lose their job, limiting their earning potential. In such cases, it may be possible to petition for a modification of spousal support. Alternatively, if an individual’s income has decreased significantly or they have had difficulty achieving self-sufficiency, it may be possible to petition for or extend support.

Regardless of the reason you are seeking or opposing a modification, we are here to help. As an experienced Rockford modification and enforcement lawyer, firm-founding attorney James Teeter, Jr. can zealously advocate on your behalf in seeking a favorable determination that meets your objectives.

Yes. Under Illinois law,[1] spousal maintenance can be automatically terminated in the event of:

• Cohabitation with a new partner;
• Remarriage; or
• The death of either party.

If an ex-spouse receives payments after one of these events occurs, he or she will be responsible for paying back such amounts.

[1] 750 ILCS 5/510.

Once a reasonable amount of time has transpired, almost all custodial and financial issues related to a child are subject to modification, as Illinois courts must have a means to accommodate changes in circumstances. It is vital to ensure that during any waiting period, parents conduct themselves in the most favorable light possible. For example, an individual should strive to be a model, nurturing parent, taking an active interest in promoting the best interests of their child.

Exemplary behavior can significantly enhance a modification case; conversely, noncompliance or bad behavior can be just as damaging. For example, if an individual consistently skips visitation or fails to make child support payments, it could have negative ramifications. Thus, it is vital to engage in model behavior, such as:

• Making consistent, timely child support payments;
• Complying with visitation and custody schedules;
• Sincerely attempting to resolve disputes amicably; and
• Ensuring court complaints are not premature or minor, as this could signal to a court that a party is being vengeful or vindictive.