Reasons Why Post-Decree Support Modifications Get Rejected

 Posted on February 05, 2025 in Judgment Modifications

After a divorce, you might come to realize that a judge’s order simply is not working. Petitioning for a modification of a court order can give you some relief from child support and alimony obligations. However, a judge will not approve a change to a court order without good cause. An Illinois family law attorney can help you petition for post-decree modification, providing you with sound legal advice and representation.

Attorney Michael Calabrese of Calabrese Associates, P.C. has 30 years of experience handling divorce and family law issues. Our firm can advocate for a modification that better suits your changed circumstances.

No Major Change

To modify an order of child support or alimony, you have to demonstrate that there has been a substantial change to your circumstances. A judge will not grant a modification of an order on a whim. Factors like stress or unhappiness with the order will not be considered in the court.

In many cases, a judge will allow a modification of a court order if you have suffered a debilitating injury or come down with a serious illness that affects your ability to work. A modification to alimony might also be approved if your spouse gets a large pay increase, making continued support unnecessary.

Not in Good Faith

Some people may attempt to game the system by deliberately sabotaging their own circumstances to get out of paying child support or spousal support. For instance, quitting your job without good reason will not merit a change to a court order. Similarly, if you lost your job due to your own reckless behavior, the court is unlikely to consider it a good faith change.

Generally, a good faith change involves circumstances outside of your control. A sudden layoff, for example, could be grounds for a modification. At Calabrese Associates, P.C., we can advocate for you in court and present your case in a sympathetic light.

The Judgment Is Still in Place

Once an arrangement of child support has been established, it cannot be modified for at least three years. This is to promote stability in the child’s life, as frequent alterations to a parenting schedule can be quite stressful. As mentioned before, a child custody order can still be changed if there is a substantial change in circumstances, but otherwise, courts do not like to see frivolous petitions to change child support payments.

Speak With a Naperville, IL Post-Decree Modification Lawyer Today

Post-decree modifications are not taken lightly in Illinois. To make a case for an alteration to alimony or child support, you will have to show the judge in good faith that there has been a real change to your circumstances.

A DuPage County, IL child support attorney at Calabrese Associates, P.C. can meet with you one-on-one to discuss your options before going to court. Call our offices at 630-393-3111 to schedule an initial consultation.