When a court order is established regarding child support payments or child custody, it is meant to last, but that does not mean it is not subject to alterations. In the state of Illinois, post-decree modifications are common in court order surrounding divorce. Whether you are looking to adjust your child support or child custody order, it is important to understand the steps you need to take to ensure those changes can be made. The most critical step you can take in this process is hiring a skilled attorney with experience in cases of post-decree modifications.
At the conclusion of a divorce case, a judge will sign an order or decree that will resolve various issues surrounding the divorce. In order to seek a modification to the order, you will need to file a motion. If you believe changes are necessary to the order, it is important to file the motion in a timely fashion. It should be noted that in order to seek post-decree modifications you and your attorney must be able to note significant changes that have occurred since the time of the initial order. In issues of child support, these changes most commonly revolve around changes in either parent’s income. If you are paying child support to your former spouse and you lose your job, you should file a motion to adjust the amount of child support owed, rather than being delinquent on your child support payments.
As it pertains to child custody, a judge will still base their post-decree decisions off of what is in the best interest of the child. If you were not awarded significant physical custody but have worked to establish positive changes in your living situation, work environment, and general ability to raise a child, you may be able to seek a modification. If the other parent is acting in a negligent manner, you can seek a modification to decrease the amount of legal or physical custody they are awarded. For more information on post-decree modifications, speak with an experienced lawyer.
At J. Aldrich Law, P.C., we are fully committed to helping our clients during the divorce process, and long after the order has been signed. When you believe that changes are necessary to a court order, you need to work with an attorney you can trust. To schedule a free consultation with a knowledgeable DuPage County divorce attorney, call us today at 630-953-3000.