Divorce Modification Attorneys in Des Plaines, IL
Helping You Navigate Change After Divorce
Life rarely stays the same after a divorce. Changes in employment, finances, living arrangements, or family dynamics can make a once-appropriate divorce judgment outdated or even unfair.
Our Chicago divorce modification attorneys at The Rogoff Law Group in Des Plaines help clients throughout Cook County and the surrounding areas make divorce decree changes that better reflect their current circumstances.
Whether you’re looking to modify child custody, increase or decrease support payments, or change spousal maintenance terms, we’ll make sure your rights and best interests are protected.
Why Choose Us?
- 31+ years of experience in family law
- Client-first approach
- Cost-effective representation
Modifying the Terms of Your Divorce Decree in Illinois
Illinois law recognizes that life circumstances evolve. As such, either party to a divorce has the right to petition the Court to make changes to the divorce decree if they have experienced a significant change in circumstances. Not all life changes warrant the modification of a divorce judgment, however. The court will evaluate the facts before approving any modifications. Common types of changes that might be approved include:
- A significant increase or decrease in either party’s income
- Job loss, disability, or a change in employment status
- A parent’s plan to relocate with the child out of state
- A child’s evolving educational, medical, or emotional needs
- Changes in a parent’s availability or ability to care for the child
- Remarriage or cohabitation that affects spousal maintenance
- Evidence that the current parenting arrangement no longer serves the child’s best interests
What Elements of a Divorce Judgment Can Be Modified?
In Illinois, most parts of a divorce judgment can be legally modified after the divorce is finalized. Courts allow these changes to ensure the terms of the divorce continue to meet the needs of both parties and any children involved. The following elements of a divorce judgment are generally eligible for modification.
Modification of Child Support Arrangement
Child support obligations are generally subject to the Income Shares Model in Illinois unless the parents’ combined annual income is over $500,000 or other exceptions result in deviation. That doesn’t mean child support orders are set in stone, however. Child support modifications might still be available if there’s been a substantial change in circumstances, such as changes in the financial needs of the child or the financial ability of the parents.
If the court finds the change to be legitimate and involuntary, it may approve a new child support order.
Important note: Parents must continue paying the existing court-ordered amount until a judge formally modifies the support order. Acting on verbal agreements or assumptions could result in enforcement actions or arrears.
Modification of Custody and Visitation Arrangements
Modifying a child custody, or parenting time, order requires proving that the proposed change is in the best interests of the child. Courts may consider a modification if:
- One parent wants to relocate out of Illinois with the child
- A child’s physical or emotional well-being is at risk
- One parent is consistently violating the existing parenting plan
- The child has matured and their preferences have shifted
Important note: Illinois law typically requires a two-year waiting period before modifying the primary residential custody arrangement, unless the child is endangered or another emergency arises.
Our attorneys help clients present persuasive evidence, including school records, counseling reports, or witness testimony, to support their case for change.
Modification of Spousal Maintenance
Spousal support, also called alimony or maintenance, can be modified when financial circumstances evolve. Under Illinois law, a judge may review maintenance orders due to:
- Job loss or career change by either spouse
- Payee’s failure to become self-sufficient within a reasonable time
- Payor’s retirement or health decline
- Payee’s remarriage or cohabitation with a romantic partner
- Substantial increase or decrease in income or assets
We analyze financial records and advise clients on whether they meet the legal threshold for modification. If the current order is no longer equitable, we pursue appropriate changes to reflect your new reality.
How Our Attorneys Can Help You Modify a Divorce Judgment in Illinois
Modifying a divorce judgment in Illinois isn’t as simple as agreeing to new terms with your ex-spouse. It’s a formal legal process that requires court involvement, and unless both parties fully agree and sign off on the changes, you’ll need to convince a judge that a substantial change in circumstances justifies the modification. Even when both parties agree, the court must still review and approve the new terms to make them legally binding.
Our divorce attorneys at The Rogoff Law Group, P.C. help clients navigate every step of this process—from evaluating whether your situation meets the legal threshold, to building a compelling case, to representing you in court hearings. With deep knowledge of Illinois divorce law and decades of experience in post-decree litigation, we help protect your rights, avoid costly mistakes, and ensure your modified agreement aligns with your current reality.
To legally change any part of your divorce judgment, you must petition the family court that issued the original order. This typically involves:
- Filing a Motion to Modify
Submitting a formal request that outlines the changes you’re seeking and why. - Notifying the Other Party
Serving legal notice of the motion so they have a chance to respond. - Providing Documentation to Support Your Claims
This may include financial records, school reports, medical evaluations, or other evidence of changed circumstances. - Attending Court Hearings
The judge will review evidence, hear arguments, and may ask for testimony. - Obtaining a Judge’s Approval
No change is official until it is signed and entered by the court.
The court has discretion to approve or deny your request. Working with our experienced Illinois divorce modification attorneys significantly improves your chances of success.
Compassionate, Practical Legal Advice About Divorce Modifications in Illinois
Post-decree disputes can be as emotionally and legally complex as the original divorce itself. At The Rogoff Law Group, P.C. in Des Plaines, we provide personalized legal strategies tailored to your unique situation. Whether you’re responding to a modification request or filing one yourself, our divorce modification attorneys are committed to protecting your rights and your family’s future.
Schedule a confidential consultation today by calling (847) 768-2194.