Life is fluid and constantly changing, which the courts understand. That is why it is possible for individuals to request a modification to their divorce decree. A divorce decree specifies rights and obligations regarding spousal support, the division of property, and child custody and support, among other issues. Either party can petition to amend a divorce decree to modify any number of the rights and obligations specified within the divorce decree. This petition for modification must be filed with the court and you might also be required to provide other pertinent documents as well.
Modification of Child Support
Child support can be modified if there is a significant change in conditions that would cause more than a 10% rise or fall in the total child support payment ordered. Those filing a petition for the modification of child support must prove that there has been a considerable change that warrants the modification.
Modification of Spousal Support
If a former spouse who is receiving spousal support remarries and his or her financial circumstances change, it is possible for the paying spouse to request a modification to reduce or terminate spousal support. Much like child support, spousal support modifications are generally only granted if there has been a considerable change in either party’s life that supports a modification to the divorce decree. However, if a paying spouse remarries, the recipient will not be able to request more spousal support.
Modification of Child Custody
One or both parents can request a modification of child custody. The terms of the modification can be agreed upon in writing and forwarded to the court for authorization if both parties support the changes. However, regardless if both parties agree, the modifications must be granted by a judge to be considered legally valid and if it is determined to be in the best interests of the child. If the changes are not in the best interests of the child, the court will deny this request, even if both parents are in agreement.
Family Law Attorneys in Illinois
At Wakenight & Associates, P.C., our family law attorneys in Illinois are here to help you through any family law matter, including modifications to your divorce decree. We are passionate about resolving conflicts, solving problems, overcoming obstacles, and explaining strategies to our clients to help them successfully achieve their goals.
Contact us at any of our convenient locations today to schedule a free consultation with a knowledgeable divorce attorney.