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Anderson and Associates, P.C.

Free Initial Consultation

630-653-9400

Wheaton Post Divorce Modification Lawyer

Law Firm Providing Legal Representation After Divorce in Naperville

Romeoville after divorce change lawyer

Once a divorce has been finalized and a divorce decree or judgment has been entered into the court records, former spouses are able to move on to the next phase of their lives. However, in many cases, this is not the end of the parties' relationship, especially if children are involved, since the divorce settlement will define ongoing matters such as the allocation of parental responsibility and child support.

While a divorce decree has an element of finality, the courts understand that people's lives can change, and judgments may need to be modified at some point. This can happen for a variety of reasons, including:

  • One party receives a promotion or increase in income, necessitating an adjustment to child support payments
  • One party loses their job or becomes unable to work due to a medical condition
  • One party decides to move out of state
  • One or both parties wish to adjust the amount of parenting time they spend with their children

Modifying a Divorce Judgment

The most common types of post-divorce modifications that ex-spouses seek are changes to the amount of their child support or spousal maintenance payments. In order to modify or terminate support, a party must demonstrate that a significant change in circumstances has occurred. These changes can include an increase or decrease in either party's income, injury or disability, changes to a child's medical or educational needs, or the remarriage of either party.

Parents may also be able to request an adjustment to the amount of child support payments if they can demonstrate that there would be a difference of at least 20% between the payments defined in an existing court order and the payments that would result from applying the current child support guidelines. This type of modification is only applicable if at least three years have passed since the child support order was entered or last modified.

Divorced parents may also seek modifications to parental responsibility and/or parenting time. Parenting time may be changed if a parent can show that changed circumstances require a modification that will better serve a child's best interests. However, after an order allocating parental responsibility has been entered, modifications to parental responsibility cannot be made within two years, unless both parties agree to the modifications. There are a few exceptions to this two-year limit:

  • One parent believes their child is in danger of physical, mental, or emotional harm. Parents must be able to support any of these allegations with facts when asking a judge to make modifications that will protect their child's well-being.
  • One parent wishes to move out of state with a child. If the other parent does not agree to this change, the matter will be decided by a judge, who will make a ruling that provides for the child's best interests.

Contact a Glen Ellyn Divorce Modification Attorney

If you wish to make any modifications to your divorce decree, you need a knowledgeable family law attorney on your side to help you understand your rights and legal options. Whether you have suffered financial hardship that makes it difficult to continue paying child support or spousal maintenance, or you wish to adjust parenting time schedules to provide you with more time with your children, the experienced, compassionate attorneys at Anderson and Associates, P.C. can provide recommendations on how to achieve your goals through negotiation, mediation, or litigation. Contact our Wheaton law office at 630-653-9400 to schedule a free consultation. We provide legal assistance to clients throughout DuPage County.

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630-653-9400
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