How Modifications Work in Divorce Cases

 Posted on November 08, 2022 in Divorce

When a couple gets divorced, they either negotiate a settlement regarding property division, child custody, and other divorce matters, or a decision is handed down by the court. However, It is not uncommon for circumstances to change among divorced individuals, and certain changes can create a need for people to modify or enforce their divorce agreements. 

Common Kinds of Divorce Modifications

Certain kinds of divorce issues are more common for modifications, while many others will be viewed as being somewhat settled law. Martial property division matters, for example, are usually not going to be something a court revisits.

Some of the areas that may be more likely to see modifications include, but are not limited to:

• Spousal Maintenance — Spousal support payments can be modified when financial situations change for either party. Under 750 Illinois Consolidated Statute § 5/510, spousal maintenance may be modified upon any substantial change in circumstances for either party. The three most common reasons for modifications of spousal maintenance payments are former spouses cohabitating with new partners, former spouses remarrying, or former spouses dying.

• Child Support — Either parent can ask a court to change or modify the amount of child support payments, even down to $0, when there is a substantial change in circumstances since the last child support order. The Illinois Department of Healthcare and Family Services (HFS) Division of Child Support Services (DCSS) will conduct a modification review of a child support order when at least three years have passed since the establishment of the order or the last modification review, there is a substantial change in a non-custodial parent's income, an order does not address healthcare coverage for the child(ren), or a written request for a review is received by DCSS from the custodial parent, non-custodial parent, or another state.

• Allocation of Parental Responsibilities and Parenting Time— Numerous disruptions to either parent’s life can lead to requests in changes for parenting time. One parent may start a new job with different hours, they may move out of the city, or schedules might be due for changes because children are growing older.

When courts issue rulings in these cases, those are court orders that both parties are expected to abide by. When your spouse is not fulfilling their end of a divorce agreement, you may need to retain legal counsel to get them to honor the terms of your divorce agreement.

Contact a Naperville Divorce Attorney

Are you needing help with modifications or enforcement for any kind of divorce action in Will County or DuPage County? Law Office of Ronald L. Hendrix, P.C. can provide answers to all of your questions and will know how to work toward the most favorable outcome in your case.

Contact our Naperville divorce lawyer today to discuss your case and get full insights into what steps you might be able to take. You can call 630-355-7776 or contact us online to schedule a free consultation.

Sources:

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