Modification of Divorce Judgments
Des Plaines, Illinois Divorce Attorney
Modification of a divorce judgment is sometimes necessary. After a divorce is finalized, life goes on and circumstances often change. 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 Rogoff Law Group, P.C. helps clients to manage and maneuver the court process for seeking a modification of the divorce judgments.
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ToggleModification 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 Rogoff Law Group, P.C. at (847) 768-2194 to schedule a consultation to learn more about the process of modifying a divorce judgment.
Our Family Law Practice Areas
Divorce Lawyer
Our Des Plaines divorce lawyers will help you navigate your uncontested or contested divorce, so you can move forward to enjoy your best life.
Child Custody
At The Rogoff Law Group, P.C., our child custody lawyers help ensure the right parenting plan is in place for your children to thrive.
Child Support
With over 29 years of experience helping parents maintain financial stability for their children, child support lawyer Scott D. Rogoff knows what it takes to help you win.
Spousal Maintenance
Spousal maintenance attorney Scott D. Rogoff can help make sure equitable temporary, fixed-term, or permanent alimony orders are in place, so your financial future is safeguarded.
Prenuptial Agreements
Your assets, your inheritance, and your children’s rights are at stake. Prenuptial agreement lawyer Scott D. Rogoff can help ensure your finances are protected.
Call The Rogoff Law Group, P.C. to fight for your parenting rights in Illinois today. (847) 768-2194 or
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