In some situations, you can modify an Illinois divorce decree after it’s finalized. That said, courts require a genuine and substantial change to reopen a final decree. These changes often include major shifts in either party’s income, relocation that affects parenting time, new medical or educational needs for a child, or the remarriage of a former spouse receiving spousal support. In rare cases, fraud or hidden assets may allow the court to revisit property division terms.
A divorce decree modification lawyer can evaluate your case. Call The Rogoff Law Group at (847) 768-2194 to talk about your next steps.
When Can You Legally Modify a Divorce Decree in Illinois?
Illinois divorce decrees are final once the court enters them. However, final does not mean they can never be modified. The law allows modification of divorce decrees on a case-by-case basis if a substantial change in circumstances has occurred. For example:
- Income changes, such as job loss or pay cuts, may justify adjusting child support or spousal maintenance orders
- Health issues, such as a parent’s or child’s serious illness or disability, may justify changes to support or parenting time in light of new caregiving or financial realities
- Relocation, particularly if a parent moves a significant distance or out of state with the child, often requires changes to custody or visitation arrangements
Property division is usually not modifiable unless there is evidence of fraud, such as hiding assets, or unless the decree specifically allows such changes within a limited timeframe, such as within 30 days of the decree’s entry.
Common Grounds for Changing Child Support, Custody, or Alimony Orders
When people need to modify an Illinois divorce decree after it’s finalized, common areas to change include child support, custody/parenting time, and alimony.
Child Support
A parent might lose his or her job or experience a serious financial setback. The job loss or setback could make the existing child support amount unreasonable.
Courts evaluate factors such as the reason for the income change (a layoff is different from quitting without good cause), the extent of the financial change, the parent’s earning capacity, the child’s ongoing needs, and the parent’s history of complying with child support.
Spousal Support (Alimony)
Either party may experience significant changes, such as job loss, a substantial raise, or remarriage of the receiving spouse. Illinois has a divorce rate of 1.1 per 1,000 people but a remarriage rate of 4.9 marriages per 1,000. Such changes may warrant modifying or terminating maintenance.
Parenting Time
When one parent relocates, both parents may need to revisit parenting time schedules to give their children practical and stable arrangements. This is a frequent reason to modify an Illinois divorce decree after it’s finalized.
Meanwhile, circumstances may change so that the parenting time arrangement is no longer in your child’s best interest, perhaps due to a parent’s health, safety concerns, or the child’s changing needs. The court can approve changes to the divorce decree with adequate evidence.
Why Consulting an Illinois Divorce Lawyer Is Crucial for Modifications in Chicago or Des Plaines
It can be tough to modify a divorce decree on your own. Working with a divorce lawyer gives you several advantages.
Eligibility and Strategy
An attorney can assess whether your situation constitutes a substantial change in circumstances, and explain which areas—child support, custody, or alimony—are targets for modification.
Legal Procedures and Evidence
A modification requires formal court filings and serving the petition to your ex-spouse. You must prove the changed circumstances, commonly with financial statements, relocation evidence, or medical records.
Timing
Some modifications, especially relating to custody, have waiting periods unless there is a risk of harm to the child. Attorneys help you with these rules and avoid procedural mistakes.
Enforceability and Peace of Mind
Both you and your spouse informally may agree to modify terms. However, courts in Chicago or Des Plaines must approve them for them to be enforceable. They carry no legal weight otherwise.
Modifications Checklist
An Illinois divorce checklist for post-decree modifications with a lawyer’s help could look like this:
- Identify the provision to change
- Confirm legal grounds
- Check timing rules
- Gather documentation
- Review original decree and agreements
- File petition for modification
Next, the attorney for decree changes would prepare for court proceedings to explain why the modification is necessary. If the modification request is successful, and you get a court order, your lawyer can help you follow up and track compliance.
Do you think you need to modify an Illinois divorce decree after it’s finalized? Contact us at The Rogoff Law Group to talk about your case.
