How to Modify a Divorce Decree in DuPage County

 Posted on November 15,2022 in Divorce

The general rule with a divorce decree or order for child support, child custody, or spousal maintenance is that the order becomes final as soon as it is entered, but there are certain situations that warrant post-decree modifications. A modification usually requires a significant change in circumstances for one of the parties necessitating a change, and you will want to seek the help of a Naperville modifications attorney.

Reasons for Modifications

Courts in Illinois only agree to modify court orders when petitioners have valid reasons for seeking an adjustment to the terms of a court order. Some of the most common kinds of reasons people are able to get modifications to their court orders include, but are not limited to:

• One party loses their job

• Unforeseen medical expenses for a child

• One party remarries or cohabitates with another party

• One party not abiding by the terms of the order

• Both parties agree to a change

Parents may be able to change the terms of their parenting plan if needed. However, to promote stability in the child's life, the court only modifies parental responsibilities or parenting time under certain situations. A parent taking a new job that requires him or her to travel is one example of a situation that may necessitate a child custody modification. Another common reason for child custody modification can be parental reolocation. 750 Illinois Consolidated Statute § 5/609.2 allows parents living in the collar counties to move anywhere in the state within 25 miles without permission. Parents living in other Illinois counties can move anywhere in the state within 50 miles away. Parents can even move out of state so long as their new residence is within 25 miles of the old residence. If a parent wishes to move somewhere outside of these parameters, the parent must get permission from the other parent and the court. 

Caring for an ill or dying family member can be another reason for modifications. 

Contact a DuPage County Modifications Attorney

Do not try to navigate the complex decree modifications process on your own when you have the ability to retain legal counsel and get all the help you need to pursue the most favorable possible outcome to your case. The Naperville modifications lawyers at Calabrese Associates, P.C. understand why people need these modifications and know how to argue these cases in court to get the results that are desired. 

Our firm has more than four decades of combined experience, so we are familiar with all kinds of issues in divorce cases. Call 630-393-3111 or contact us online to schedule an introductory consultation. 

Source: 

https://www.ilga.gov/legislation/ilcs/documents/075000050K609.2.htm