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Naperville divorce attorney spousal support

There are dozens of things that you and your spouse will have to agree upon before you can finalize your divorce agreement. Some of the most contentious issues throughout many divorces are those dealing with two notorious topics -- finances and children. Things such as property division and child custody have the potential to turn a mildly agreeable divorce into one that is fueled by strong emotions, rather than reason. Even after you have come to a consensus, nothing is set in stone. Under certain circumstances, you may need to petition the court to modify your divorce agreement. One of the most common reasons for doing this is a remarriage by either spouse.

Remarriage and Child Custody

When it comes to child custody issues, such as parenting time and parental responsibilities, the remarriage of either parent can create the potential need to change the parenting time order or child support order. In nearly all cases, the child support order will likely never be terminated, but there is a possibility that the monthly amount could change. In Illinois, all child-related decisions are made using the child’s best interests. This means in a remarriage scenario, the actions taken are very situational depending on the family’s circumstances.

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Naperville child support attorney

In divorce cases that involve children in Illinois, one of the issues that must be addressed is child support. In Illinois, the financial duty of raising a child is not the responsibility of solely the custodial parent -- both parents have a legal obligation to financially provide for their children. Typically, the parent with the least amount of parenting time will pay the other parent support each month until the child’s 18th birthday or until they graduate from high school, whichever comes later. The amount of child support that each parent is responsible for is determined by using a formula that takes into account both parents’ incomes and parenting time shares. Over time, the factors used in that equation or your life circumstances may change and the amount of child support currently being paid may no longer be sufficient. Fortunately, it is possible to modify your support order in Illinois.

Common Significant Changes in Circumstances

There are only three reasons why a child support order is permitted to be modified: Either parent can demonstrate that there has been a significant change in circumstances, the support order has been found to deviate from the support guidelines, or the child’s healthcare needs have changed. The most common reason, however, for child support modifications tends to be significant changes in circumstances. Some of the most common changes can include:

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Will County divorce lawyer child support

When you and your spouse get a divorce, there are many issues that must be covered before the case can be finalized and closed. When you have children, that list grows even longer and includes matters such as determining a parenting time schedule, allocating decision-making responsibilities, and determining child support payments. Raising a child is expensive and both parents have an obligation to financially provide for their child, which is where child support comes in. Child support is typically paid by the parent with the minority of parenting time to the parent with the majority of parenting time until the child has turned 18 or until the child has graduated from high school, whichever comes later.

Reasons for Modification

The basic child support obligation, or minimum required amount to be paid each month, is calculated using a formula that takes into consideration the incomes of both parents at the time of the divorce, in addition to the amount of parenting time they have and several other factors. This support obligation is used to help cover basic living costs for the child, such as food, clothing, and housing. However, the variables that were present at the time the child support order was put into place are not constant and will typically change over the years. To accommodate these changes, the state of Illinois allows parents to request modifications to the support order if a “substantial change in circumstances” has occurred, which could include any of the following conditions:

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Joliet Courthouse divorce attorney child support order

Divorce agreements are made with the intention that they will last forever. While this may be the case for those who get divorced and do not have any children or alimony requirements, divorce agreements rarely last the test of time. When children or monthly support payments are involved, things never remain the same over time. Luckily, the Illinois court system addresses this possibility within their divorce legislation. In order for modifications to be made to your agreement, you must meet the criteria outlined below.

Spousal Maintenance

The purpose of spousal maintenance is to even the financial divide between both spouses and provide the lower-earning spouse with financial assistance. The terms of these payments vary for each divorce agreement. Some may be expected to provide this support indefinitely while others have a specified timeline. Divorced couples always have the ability to revisit their agreement, especially if they feel that the spousal maintenance requirements are unnecessary or unfair. 

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Joliet Courthouse child support attorney

When it comes to modifying child support obligations in Illinois, a court must answer one basic question: Has there been a “substantial change in circumstances” justifying a departure from the original award of child support? What qualifies as a “substantial change” will depend on the facts of a given case. But one thing to keep in mind is that if a change was anticipated or expected at the time of the parents’ divorce, that alone will not guarantee that a court will increase or reduce a non-custodial parent’s support obligations. Below is a recent court case that involves parenting time and a request for a child support modification in Illinois.

Court: Will County Father Not Entitled to Reduce Support  

A Will County case from earlier this year, In re Marriage of Connelly, helps to illustrate what Illinois judges look at when considering a request to modify support. The parents in this case divorced in 2015. Under a joint parenting agreement (JPA) approved by both sides, the mother became the residential parent, with the father receiving certain visitation or parenting time rights. A subsequent marital settlement agreement (MSA) required the father to pay 28 percent of his income as child support.

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