Yorkville Post-Divorce Modification Attorneys

Lawyers Helping to Modify Child Custody or Support Payments After a Divorce in Yorkville, IL

The decisions made in a divorce are meant to settle important issues, but a divorce decree cannot predict everything that might happen in the years to come. When changes occur that have affected the lives of ex-spouses and any children they share, they may need to make updates to the terms of their divorce. When doing so, they will typically need to file a modification request in court, and a person may need to make the case to a judge that changes are needed based on changes that have occurred.

At Gateville Law Firm, our attorneys can help clients determine whether post-divorce modifications may be possible, and we can work with them to put the proper changes in place. Our lawyers understand the laws in Illinois that address post-divorce changes, and we can make sure the right steps are followed in these cases. Whether a person is requesting a modification or responding to a request filed by their former spouse, we can provide guidance and support while working to achieve solutions that will protect our clients' interests.

Changes to Parental Responsibilities

A couple's parenting plan will detail how they will share decision-making responsibilities, which can address major choices about children's education, medical care, religious practices, and extracurricular activities. In some situations, a parent may file a request asking for a change in how these responsibilities are allocated. This may be appropriate if there are concerns about how decisions have been handled in the years since a divorce or if a child's health, safety, or well-being may be at risk.

The parenting time schedules put in place during a divorce may also be modified to accommodate changes in a family's life. Changes may be made to when children will live in each parent's home or spend time with parents during days or evenings.

Parental relocation can also be a reason for making changes to a parenting plan. A parent who plans to move to a new home in a new area with their child will typically need to receive approval from the court in certain cases, and they may request changes to the allocation of parental responsibilities and parenting time when doing so. In Yorkville, a move of more than 50 miles from a parent's home will typically be considered a parental relocation that may require a parenting plan modification.

Changes to Child Support

A parent may request a modification of child support if they believe it will be necessary to address changes in income or to cover children's needs. If a modification request is granted, it may be backdated to the date the request was filed. However, any payments that were required before the request was filed generally cannot be modified. This makes it important to file child support modification requests quickly after circumstances change.

Changes to Spousal Maintenance

Like child support, spousal support may also be modified to address changes that have affected either party. A person who pays support may request a decrease in payments, or a recipient may ask for an increase to address their needs. While maintenance will be automatically terminated when the recipient remarries, the person paying support may request a termination of maintenance because they believe the recipient has started living with a new partner.

Terms of a Divorce That Generally Cannot Be Modified

Some decisions made during a divorce are intended to be final. These include:

• Property Division: The division of a couple's home, retirement accounts, personal property, and other assets cannot be changed later unless there are reasons to believe that a person had hidden assets or was dishonest about financial issues during the divorce process.
• Debt Allocation: Decisions about each party's responsibility for paying different debts are part of a property settlement, and they generally cannot be modified.
• Waived Maintenance: If a couple agreed on a divorce settlement that stated that both spouses waived their right to seek spousal support, neither spouse will be able to request support later.

Situations That May Justify a Post-Divorce Modification

A request to modify the terms of a divorce will usually need to be based on substantial changes in the lives of ex-spouses or their children. Changes that may provide a reason for a modification include:

• Job or Income Changes: When a person gets laid off, loses their job for another reason, or receives a promotion that increases their income, adjustments may need to be made to financial support payments. A person may ask for payments to be reduced when job changes have affected their ability to pay, or a recipient may ask for an increase based on an increase to the other person's income.
• New Work Schedules: If a parent begins working night shifts or during the evening on certain days, they may be unavailable during their scheduled parenting time. Adjustments may need to be made to ensure that they will be able to spend time with their children on a regular basis.
• Health Problems: A parent who develops a serious illness or disability may face limits on their ability to work and earn an income, and they may request changes to support payments. Certain health issues may affect a parent's ability to care for children, and this may require changes to parenting time.
• Safety Concerns: If there are concerns about a parent's substance abuse, domestic violence, or failure to provide proper supervision for children, the other parent may request a change to the allocation of parental responsibilities to ensure that children will be protected against potential harm.
• A Child's Changing Needs: Children may experience health issues, and they may require medical treatment, which may lead to adjustments to child support to ensure that parents can pay expenses. As children get older, their school schedules may change, or they may participate in activities on certain days and times, which may result in changes to parenting time schedules.

Frequently Asked Questions About Post-Divorce Modifications

Contact Our Yorkville, Illinois Post-Divorce Modification Lawyers

The decisions made at the time of your divorce may no longer meet your needs. At Gateville Law Firm, we can advise you on when a modification may be possible, and we can make sure you take the right steps to put changes in place that will fit your current situation. Contact our Yorkville, IL divorce decree modification attorneys at 630-780-1034.