A divorce becomes final at the end of the dissolution proceedings, but this term is not entirely accurate. Following a divorce, both you and your ex-spouse may challenge, appeal, or modify the terms of your divorce.
A Joliet post-divorce modification lawyer could review your facts and help you make changes to the terms of the previously entered Judgment. There are many specific filing deadlines and requirements needed to modify the terms of a divorce. Reach out to our dedicated legal team at Reidy Law Office LLC to discuss your case and legal options.
In Illinois, the parent with less overnight parenting time usually pays child support to the parent with the majority of overnight parenting time. The child support parameters are outlined in, 750 Illinois Compiled Statutes 5/505.
The amount of child support is based upon the total net income of both parents. Unlike the previous law that applied a percentage of income regardless of the other parent’s financial means, the current law takes into consideration the income of both parents. In addition, the current law considers the number of overnights each parent has with the children to determine the proper amount of child support.
As your life has changed, a seasoned post-divorce modification attorney can provide invaluable assistance to you by reviewing your situation to determine if a modification is appropriate.
It is also possible to file for a modification of the original child custody arrangement. Although Illinois no longer uses “custody” in allocating parenting responsibilities of parenting time, you can seek to modify these important items in a post-divorce situation. Once again, this can be agreed upon by both parents. However, even if you and your ex are on the same page, the court must issue formal approval.
When you and your ex have not reached an agreement, you can ask the court to modify the parenting plan by filing a formal Motion seeking the specific changes. This document would spell out the reasons why the current arrangement is no longer in your child’s best interest. The court can then consider the current circumstances compared to the circumstances that existed when the Judgment was entered. Court’s often error on keeping things “as is” unless there is a compelling reason to change so it is important to understand the best way to present your case to a judge.
Alimony (called “maintenance” in Illinois) is a payment that is made by one former spouse to the other under the terms of a divorce, and it is often referred to as spousal support.
If there is an alimony arrangement in place, the court can be petitioned to order a post-divorce modification. Remarriage automatically puts an end to an alimony requirement, and cohabitation, which is essentially a de facto marriage with a new person would fall into this category as well if it can be proven. Things can also change that warrant a modification such as a significant change in the income of either former spouse.
If you need to make modifications to your divorce agreement, an experienced divorce attorney could help. A Joliet post-divorce modification lawyer to guide you through the process and help make the transition smoother. If you are ready to get started, give us a call, and schedule a to discuss your case.