Can Changes Be Made to an Illinois Divorce Decree?

 Posted on February 17,2020 in Post-Decree Matters

While some folks may believe that a divorce decree is a permanent and unchangeable legal document, there are actually many common circumstances that may call for modification of the decree. After all, life is rarely static, and you may experience a variety of life events and circumstances that might render your divorce decree unreasonable, invalid, or otherwise unfeasible. 

Typical Reasons to Change Spousal Support or Child Support

In the years following a divorce, myriad circumstances may change for one or both parties that would require post-decree modifications. This is quite common with spousal support and child support. Some common situations in which support may need to be adjusted after a divorce include:

• An increase or reduction in income for either party;
• Loss of employment;
• Disability; and,
• Health expenses from a major medical illness.

If either ex-spouse is faced with any of these situations, or if children experience issues which affect their ongoing needs, a post-decree modification may be necessary to adjust the amount of money one ex-spouse must pay to the other.

Typical Reasons to Change Parental Responsibilities or Parenting Time

Another major area where post-decree modifications are common is in regards to parental responsibilities and parenting time. A wide variety of life events may affect the reasonableness of some of the decisions that were made during the divorce process. In this sense, a divorce decree often can often become more of a living and breathing document that can be changed, depending on the ongoing circumstances of parents and children throughout their lives. With regard to child custody and visitation arrangements, the following occurrences might require post-decree modifications:

• If one of the parents relocates to a new home, the parenting time schedule may need to be adjusted, the children’s living situation may change, and parents may need to make changes to how they handle decision-making responsibilities;
• If one of the parents remarries, the parents might need to modify their parenting plan based on how involved the new spouse may or may not be in the children’s lives; and,
• If the children will be attending a private school, or if the young adults in the family are headed to college, the divorced parents may need to revise their divorce decree to redetermine how they will each contribute to their children’s educational expenses.

Contact an Oak Park Family Law Attorney

The situations described above are only a few of the circumstances that may require divorced couples to bring post-decree actions. There are many other situations which may need to be addressed, including situations where some of the terms of the divorce are not being complied with. If you and your former spouse need to revisit your divorce decree due to changes in your lives, the Law Office of Vincent C. Machroli, P.C. can advise you on your rights and the steps that could be taken. Contact our a Hillside post-divorce modification lawyer with over 32 years of experience at 708-449-7404 for a free consultation.

Sources:

https://www.theherald-news.com/sponsored/erin-obrien-1/14227983/index.xml

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt.+V&ActID=2086&ChapterID=59&SeqStart=6100000&SeqEnd=8400000