What Types of Modifications Can I Make to My Divorce Decree?

 Posted on September 16, 2021 in Post-Decree Matters

When a divorce is finalized, the decisions that are made are intended to be permanent. However, there may be some cases when a divorce decree may be modified, especially if it contains provisions that affect the parties’ ongoing financial situation or their relationships with their children. When addressing post-decree matters, divorced spouses should be sure to understand the types of changes that can be made and the circumstances that may warrant a modification.

Terms of a Divorce Decree That May Be Modified

After a couple’s marriage has been legally dissolved, an ex-spouse usually will not be able to request changes to decisions about the division of marital property. However, a person may be able to petition the court for modifications to address the following:

• Spousal maintenance - If spousal support was not awarded to either party in a divorce decree, neither party will usually be able to go back to court to ask for this form of support. However, if one spouse has been ordered to pay support to the other, either party may ask for modifications to the order based on changes in their financial circumstances. For example, someone who is required to pay maintenance to their ex-spouse may ask for support payments to be reduced or terminated because they have experienced health issues or financial difficulties that have affected their ability to continue making these payments.

• Child custody - A parent may petition the court for modifications to the allocation of parental responsibilities or parenting time because a parent or child has experienced significant changes in their circumstances. Generally, modifications to the allocation of decision-making responsibilities cannot be made for the first two years after the finalization of a divorce, but modifications to parenting time may be made at any time, as long as they are in a child’s best interests. A request will usually only be granted if both parents agree, or if changes in the lives of the parents or the children warrant these modifications. Modifications may also be made in situations involving parental relocation, and a parent who plans to move to a new location with their child may need to demonstrate that this move will provide for the child’s best interests.

• Child support - Changes in the parties’ financial circumstances may necessitate modifications to child support obligations. However, these changes must have been made in good faith. A parent who pays child support may request a temporary or permanent reduction in child support if they lose their job, but if the court believes that they are voluntarily unemployed or have accepted a reduction in pay in order to reduce the amount of child support they pay, they may be ordered to pay support based on the “imputed” income that they can earn based on their education and work experience.

Contact Our Hillside Post-Divorce Modification Attorney

If you believe that changes should be made to your divorce decree, or if you need to respond to a modification request by your ex-spouse, the Law Office of Vincent C. Machroli, P.C. can provide you with highly-rated legal help and representation. Contact our experienced Oak Park divorce decree modification lawyer at 708-449-7404 to arrange for a no-charge consultation today.

Sources:

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

https://www.ilga.gov/legislation/ilcs/documents/075000050K610.5.htm