Divorce Attorneys Serving Schaumburg, Palatine, and Barrington
Assisting Clients with Post Divorce Modifications throughout Northern Illinois
Couples who enter into divorce often also enter into agreements concerning issues such as child custody and support payments. However, circumstances often change, and as a result, parties often wish to modify agreements related to the divorce.
At Glasgow & Olsson, we are dedicated to helping our clients with any post-divorce modification they may need assistance with. Our attorneys have decades of experience helping clients in Illinois achieve their goals in the face of any new circumstances that may warrant modifications. Contact us today to find out how we can help you with your post-divorce modification.
The Law in Illinois
In Illinois, orders related to maintenance, support, educational expenses, and property disposition may be modified.
While an order for maintenance may be modified or terminated only upon a showing of a substantial change in circumstances, an order for child support may be modified upon a showing of a substantial change in circumstances or upon a showing of the following:
- An inconsistency of at least 20% but no less than $10 per month between the amount of the existing order and the amount of child support that results from applying the guidelines; or
- A need to provide for the healthcare needs of the child.
An order for maintenance, however, can only be modified or terminated upon a showing of a substantial change in circumstances. In reviewing an order for maintenance, the court considers the following factors:
- Any change in the employment status of either party (and whether it was made in good faith);
- Any efforts made by the party receiving maintenance to become self-supporting;
- Any impairment of the present and future earning capacity of either party;
- The tax consequences of the maintenance payments on the economic circumstances of the parties;
- The duration of payments previously made;
- The property assigned to each party upon dissolution or the marriage, legal separation, or judgment of declaration of invalidity of marriage and the status of that property;
- The increase or decrease in each party’s income since the prior judgment;
- Any property acquired since the judgment; and
- Any other factor that the court finds could be just and equitable in deciding on the modification.
It is entirely possible for you and your ex to amicably agree upon a modification; otherwise, you and your attorney work to file a petition to modify or terminate child support or other responsibilities. The court then rules upon your petition for modification which seeks to apply the changes made to an order.
Contact our Attorneys Today
Regardless of whether you are going through a simple modification or a complicated one, we can help. Our firm has significant experience in helping clients revisit agreements after their divorce that simply do not fit their life circumstances anymore. Contact our office for legal assistance today. With offices in Schaumburg, Illinois, we offer a free consultation in serving clients throughout Cook, DuPage, and Kane Counties. We are here to help.