A divorce becomes final at the end of the dissolution proceedings, but this term is not entirely accurate. Following a divorce, both you and your ex-spouse may challenge, appeal, or modify the terms of your divorce.
A Joliet post-divorce modification lawyer could review your facts and help you make changes to the terms of the previously entered Judgment. There are many specific filing deadlines and requirements needed to modify the terms of a divorce. Reach out to our dedicated legal team at Reidy Law Office LLC to discuss your case and legal options.
In Illinois, the parent with less overnight parenting time usually pays child support to the parent with the majority of overnight parenting time. The child support parameters are outlined in, 750 Illinois Compiled Statutes 5/505.
The amount of child support is based upon the total net income of both parents. Unlike the previous law that applied a percentage of income regardless of the other parent’s financial means, the current law takes into consideration the income of both parents. In addition, the current law considers the number of overnights each parent has with the children to determine the proper amount of child support.
As your life has changed, a seasoned post-divorce modification attorney can provide invaluable assistance to you by reviewing your situation to determine if a modification is appropriate.
It is also possible to file for a modification of the original child custody arrangement. Although Illinois no longer uses “custody” in allocating parenting responsibilities of parenting time, you can seek to modify these important items in a post-divorce situation. Once again, this can be agreed upon by both parents. However, even if you and your ex are on the same page, the court must issue formal approval.
When you and your ex have not reached an agreement, you can ask the court to modify the parenting plan by filing a formal Motion seeking the specific changes. This document would spell out the reasons why the current arrangement is no longer in your child’s best interest. The court can then consider the current circumstances compared to the circumstances that existed when the Judgment was entered. Court’s often error on keeping things “as is” unless there is a compelling reason to change so it is important to understand the best way to present your case to a judge.
Alimony (called “maintenance” in Illinois) is a payment that is made by one former spouse to the other under the terms of a divorce, and it is often referred to as spousal support.
If there is an alimony arrangement in place, the court can be petitioned to order a post-divorce modification. Remarriage automatically puts an end to an alimony requirement, and cohabitation, which is essentially a de facto marriage with a new person would fall into this category as well if it can be proven. Things can also change that warrant a modification such as a significant change in the income of either former spouse.
If you need to make modifications to your divorce agreement, an experienced divorce attorney could help. A Joliet post-divorce modification lawyer to guide you through the process and help make the transition smoother. If you are ready to get started, give us a call, and schedule a to discuss your case.
Contemplating divorce is a profound step that involves emotional, financial, and legal considerations. Our "Am I Ready for Divorce?" checklist is a sensitively designed tool that helps individuals thoughtfully assess their readiness for this life-altering decision. This resource aims to guide you through introspection and practical evaluation, ensuring that your decision to pursue a divorce is made with both clarity and foresight.
In any legal or financial undertaking, having a comprehensive and organized set of financial records is critical. Our "Financial Records Checklist" is crafted to give you the clarity and control needed to manage your finances effectively. Whether you're preparing for tax season, undergoing legal proceedings, or simply aiming to get your financial house in order, this checklist is an indispensable tool for ensuring nothing is overlooked.
Divorce not only signifies a major shift in the lives of the parents but also heralds a period of adjustment and emotional transition for the children involved. Our meticulously crafted checklist, "Do Your Kids Need Therapy After Divorce?" is a vital resource for parents concerned about the psychological welfare of their children during and after a divorce. This checklist serves as a compassionate guide for recognizing signs of distress and taking proactive steps to support your child's mental health.
Divorce can be a complex and emotionally taxing journey, but when both parties agree on the key terms, an uncontested divorce can offer a more amicable and efficient path forward. Our Uncontested Divorce Checklist is a comprehensive guide designed to provide individuals with a clear roadmap through the legal process when there are no children involved. This free resource ensures that you are well-prepared, informed, and ready to proceed with confidence.