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When Can You Modify an Illinois Divorce Decree?
Life can look very different after a divorce. A new job, a change in income, or a child's changing needs may mean your court order no longer works for your family. Illinois allows courts to change some parts of a divorce decree, but not every part.
Regardless of the reason you need to update your divorce decree, the court must decide if the change meets the legal standard for the type of change you’re asking for. A Chicago divorce attorney can review your situation and explain the evidence you’ll need and the steps you'll need to take.
What Parts of an Illinois Divorce Decree Can Be Changed?
A divorce decree covers several important issues. Some of those issues can be changed after the divorce is final. Others usually cannot.
Illinois courts may change orders involving child support, parenting time, parental responsibilities, and, in some cases, spousal maintenance. The court looks at the facts of each case before deciding whether a change is allowed.
Property division is different. Under the 750 ILCS 5/502, the court usually cannot change how marital property is divided once the divorce is final. That is just part of why it is so important to understand any settlement before you agree to it.
When Can Child Support Be Changed in Illinois?
Child support can be changed when something important has changed since the original order was entered. Some common reasons to request a change include:
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A parent loses a job or has a large change in income
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A child has new medical or school-related expenses
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Parenting time changes
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Another major life change affects either parent's finances
The court will always look at the facts and the child's best interests before deciding whether a new order is needed.
Can Parenting Time or Decision-Making Responsibilities Be Changed in Illinois?
Parenting plans often need to change as children get older. A schedule that worked a few years ago may no longer fit your family's needs. For example, a parent may move to a new city, change jobs, or become concerned about a child's safety.
Illinois courts can change parenting time or decision-making responsibilities when the law allows it and the change is in the child's best interests. Parents who can agree together on how to change their parenting plan may submit an amended plan to the court for approval. In other cases, the parent asking for the change must show that circumstances have changed since the original order.
When Can Spousal Maintenance in Illinois Be Changed?
Spousal maintenance, sometimes called alimony, often changes after a divorce. When and how it can be changed depends on the terms of the original divorce judgment and the present situation.
A serious illness, retirement, job loss, or a major change in income may give the paying spouse a reason to ask the court for a new maintenance order. Likewise, the receiving spouse’s remarriage or cohabitation usually terminates payments. However, some divorce agreements say that maintenance cannot be changed. If the agreement includes that language, the court will usually enforce it.
What Parts of a Divorce Decree in Illinois Usually Stay the Same?
Property division usually stays the same after a divorce. Once the court divides a couple's property and debts, those decisions are generally final.
That means a former spouse usually cannot ask the court for a different division simply because they changed their mind or don’t agree with the division. In very limited cases, a spouse can appeal a property division ruling immediately after the divorce decree is made. Property division appeals are only granted in cases where the original court made a legal or procedural error.
Because these decisions are hard to change later, it is important to carefully review any settlement with a lawyer before signing it.
How Do You Ask the Court to Change a Divorce Decree in Illinois?
The court will not change your divorce decree automatically. If you want to update part of your order, you must file a request with the court.
You will usually need to explain why the change is needed and provide evidence to support your request. Until the court approves a new order, you must continue following your current one. Making changes on your own could lead to legal problems.
Schedule a Free Consultation With a Cook County, IL Divorce Lawyer
Life changes, and sometimes your divorce decree needs to change with it. At The Law Office of George J. Skuros, we help clients understand their rights and know what to expect before moving forward. If you believe your court order should be updated, call 312-884-1222 today to schedule a free consultation with a Chicago, IL family law attorney.



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