When and Why You May Need a Post-Decree Modification

 Posted on August 01,2024 in Divorce Decree Modification

After the gavel falls and the divorce decree is finalized, life’s unpredictable nature does not necessarily care about the difficult process you just experienced. In Illinois, the law allows for post-decree modifications to existing divorce settlements that address significant changes in life circumstances. But how do you know if you require a post-decree modification? If you believe your divorce decree needs to be modified, contact an attorney to start the process.

What is Post-Decree Modification?

A post-decree modification refers to any changes made to the final divorce judgment. This could involve alterations in child support, spousal maintenance, custody arrangements, and more. These modifications are not automatic or granted on a whim; substantial changes in circumstances must be demonstrated to justify a post-decree modification. In many cases, Courts will not approve modification requests less than two years after a divorce has been finalized.

Addressing Serious Illness or Injury

Life can throw curveballs in the form of serious illnesses or injuries, which might drastically alter one’s financial and caregiving capabilities. For example, suppose a parent who is the primary caregiver falls seriously ill or becomes injured. He or she may be unable to maintain the same level of care for any children he or she has.

On a similar note, an illness or injury affecting the parent who is paying child support could limit his or her earning ability, thereby requiring a modification of the financial obligations outlined in the original divorce decree.

Can I Move to Another State After Divorce? 

Relocations can dramatically impact the effectiveness and fairness of existing divorce agreements. Whether you are moving, your child needs to relocate for better opportunities, or your former spouse is planning a move, these changes will likely require changes to visitation schedules and custody arrangements.

As is the case in all family law matters involving children, the Court will carefully consider the best interests of the child in these cases, which might involve redefining parental responsibilities and modifying visitation agreements to help accommodate the challenges posed by greater distances.

Coping with Unexpected Increases in Expenses

Medical bills, tuition increases, and changes in housing costs can place a serious strain on a person’s ability to meet the obligations discussed in a divorce decree. When unforeseen expenses arise, a post-decree modification might be essential to ensure fairness and practical financial management. This is especially true in cases when the additional expenses affect the well-being of children, such as the need for treatment for illness or special educational assistance.

Contact Our Rolling Meadows, IL Post-Decree Modification Attorney

While a divorce decree is a binding legal document, that does not mean it cannot be modified in certain situations. To get the help you need with modifications to your divorce decree, contact the Arlington Heights, IL post-decree modification lawyer with The Law Office of Nicholas W. Richardson, P.C. Call 847.873.6741 for a free consultation.