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What Can Be Modified After a Divorce

Written by: Michael J. Helfand

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Posted over 2 years ago. Applies to Illinois, 0 helpful votes, 0 comments

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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.

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.

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.

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.

Additional Resources

We know attorneys across the state of Illinois who have significant experience in post-decree divorce issues. If you are seeking to modify an agreement or order, let us know if we can help. We only refer attorneys who focus their practice on family law because we believe this gives you the best chance of success.

Family law attorneys in Illinois