Just because a divorce is final doesn't mean everything is solved. Often issues come up, even years later. Here are a few examples of post-decree issues that we see in Illinois.
1
Modification of Spousal Support
Spousal support can be modified if there is a significant change in circumstances. Such a change might be job loss or injury. However, nothing automatically changes maintenance, not even job loss. So until you get an order from the court, payments are required to continue.
2
Modification of Child Support
Child support can be modified if there is a significant change in circumstances as well. Again, a court order is needed so payments must continue until a judge says otherwise. Generally, child support ends at age 18, but if the child is still in high school support may continue until graduation or age 19. Some support orders have an end date, others do not.
3
Modification of Custody and Visitation
Custody and visitation revolve around the best interests of the child. If you want to get more visitation, gain custody, or prevent visitation, you need to petition the court. When one parent wants to move out of state with the child, a petition for removal must be filed, which is separate from a request for modification. Removal requests also must benefit the best interests of the child.
4
Property
Generally, property divisions are final and not modifiable. There may be an exception where some property is discovered that was unknown at the time of the divorce. In other cases, there is a statement in the final divorce papers that deals with this situation.
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