Experienced Support & Maintenance Modifications
Modifying Child Support, Custody and Alimony
The statutes that govern family law acknowledge that individuals’ circumstances change. That is why it is possible to change or modify existing divorce agreements related to child support and spousal maintenance (alimony). However, the court denies frivolous petitions to change support or alimony. That is why it requires that child support or alimony must be based on a significant change in circumstances. It is important to seek the counsel of an experienced family law attorney for information about what constitutes a significant change and what the court is likely to accept.
Reasons for Modifications
At Urban & Burt, Ltd., our Illinois lawyers undertake modifications of child support and spousal maintenance. Circumstances that can lead to modifications include:
- One party losing a job or obtaining a new job with higher income
- One party becoming disabled or a child requiring extra care
- College tuition that was not in the original divorce agreement
- One party obtaining a personal injury settlement
- One party moving out of state with court permission, resulting in increased travel costs for the child
It is very important that the parties have a change in support put into a court order. Otherwise, the agreement is usually not enforceable. For example, if the ex-spouses agree informally to an increase in child support because the paying parent obtained a new, better paying job, the receiving spouse may have difficulty enforcing the oral agreement if the paying parent decides later to withdraw from the arrangement.
If the paying parent is consistently behind or not making child support or alimony payments, the court can take action, seizing the assets of the delinquent spouse and using those assets for enforcement of fees for child or spousal support.
Child custody can also be modified. Removing the child from the state needs prior court approval and results in a change in visitation schedules and other aspects of the original custody order. Additionally, moving a child from the Chicago area to downstate Illinois could also be the grounds for a formal modification petition. In addition, if it can be demonstrated that the child is in danger because of the living situation of the custodial parent, the court will act to correct the situation. Other circumstances in which a custody order could be modified include the disability, incarceration or disappearance of the custodial parent. Our experienced family law attorneys advise clients about their options.
Contact our Oak Forest divorce modifications attorneys for a free 30-minute consultation. Call us at 708-381-5427 to learn how we can help with changing child support, alimony and custody. We serve communities such as Mokena, Homewood and Chicago Heights.