Post Divorce Attorneys
Family needs and circumstances can and do change, and depending on the significance of the changes, a change in the terms of your divorce decree might be warranted. Oftentimes, modifications to certain aspects of the settlement agreement or the divorce decree are sought in order to account for financial, career, educational, or emotional changes.
Some of the more common post-divorce modifications include:
• Child custody and visitation changes
• Spousal maintenance modifications
• Child support modifications
• Enforcement of child custody, visitation and child support arrangements
• Removal petitions (when custodial parents seek to move to another state with their minor children)
Modification of Child Support Arrangement
A child support may be modified if there has been a “substantial change in circumstances.” A court will generally permit a reduction in child support payments if the change in circumstances is caused by a factor that is out of the control of the paying parent, such as a job layoff. If, on the other hand, the paying parent voluntarily reduces his or her income by quitting his or her job, the court will likely deny the request for a child support reduction.
Regardless of the circumstances, only the court can approve the modification of a child support order after considering all of the circumstances surrounding the request for child support modification.
Modification of Custody and Visitation Arrangements
In Illinois, child custody and visitation arrangements may be modified by the court if there is clear and convincing evidence that the circumstances have changed such that a modification to the custody and/or visitation arrangement is necessary in order to protect the best interests of the child. The court will make its determination on whether to modify an existing 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 among 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
If a custodial parent requests court approval to move to another state with the child(ren), the court must consider the following factors:
• The extent of previous involvement with the child by the party seeking to enjoin removal;
• The likelihood that parentage will be established; and
• The impact on the financial, physical and emotional health of the party being enjoined from removing the child.
Helping Clients with a Variety of Post-Divorce Matters
Once a divorce settlement is reached and the divorce is finalized, issues regarding finances, parenting, insurance, and taxes can continue to arise. At the Law Offices of Miriam Cooper, our skilled Illinois family law attorneys are well-versed in the multitude of issues that can arise post-divorce and we are well-equipped to help our clients navigate these issues as efficiently and effectively as possible.
If you are divorced and have questions regarding post-divorce matters, contact our office at (847) 744-8303 to schedule an appointment with one of our divorce attorneys to learn more about your post-divorce options.