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Modification of Divorce Judgments

Des Plaines, Illinois Divorce Attorney

Advising Clients Seeking to Modify a Divorce Judgment

Modification of a divorce judgment is sometimes necessary. After a divorce is finalized, life goes on and circumstances often chance. In some cases, a spouse receiving maintenance will go back to work. In other cases, a parent will seek to relocate out of state and remove the child(ren) from the State of Illinois. In other cases, a parent paying child support may lose his or her job and seek a readjustment in child support payments.

Whatever the change in circumstance, the Chicago area divorce law firm of The Law Offices of Scott D. Rogoff helps clients to manage and maneuver the court process for seeking a modification of the divorce judgments. Contact his office at (847) 768-2194 to schedule a consultation to learn more about the process of modifying a divorce judgment.

Modification of Child Support Arrangement

Child support obligations are set subject to state guidelines, and, in order for a child support arrangement to be modified, there must have been a “substantial change in circumstances.” A court will generally permit a reduction in child support payments if a change in circumstances is caused by a factor that is out of the control of the paying parent, such as a job layoff. If, however, an income reduction is caused by quitting one’s job or performing in a way that warrants termination, the court is unlikely to grant a child support modification.

The receiving parent may request in increase in child support payments if the paying parent’s income is increased such that the income moves into a new threshold. Regardless of the circumstances, the court will consider all of the circumstances surrounding the request for child support modification before making a determination.

Modification of Custody and Visitation Arrangements

A court considers whether to modify a child custody or visitation arrangement based on the best interests of the child by considering factors such as the following:

  • The child’s and parents’ wishes
  • Interactions between the child and his parents and siblings
  • Adjustment to home, school and community
  • Mental and physical health of all persons involved
  • Any physical violence or threat of physical violence
  • The willingness of each parent to help foster a close relationship between the child and the other parent.

Modification of Spousal Maintenance

Spousal maintenance obligations may be modified if there is a substantial change in the circumstances of either the payor or payee such as the following:

  • Change in employment status of either party
  • Efforts made by payee spouse to become self-supporting
  • Any impairment of the present and future earning capacity of either party
  • Tax consequences of the maintenance payments
  • Duration of the maintenance payments previously paid (and those remaining to be paid) relative to the duration of the marriage
  • Property, including retirement benefits, awarded to each party under the judgment dissolving the marriage
  • Increase or decrease of each party’s income since the marriage was dissolved
  • Property acquired and owned by each party since the marriage was dissolved
  • Any other factor the judge considers to be just and equitable

Compassionate, Practical Legal Advice

If you have experienced a change in circumstances and are seeking to modify the terms of your divorce judgment, contact the Chicago area divorce lawyer at The Law Offices of Scott D. Rogoff at (847) 768-2194 to schedule a consultation to learn more about the process of modifying a divorce judgment.