Do you need help modify the terms of a family law order in Chicago, IL? KHK Family Law & Divorce Attorneys are here to help you. Contact our law firm to schedule a free consultation at 312-702-0068 with a Chicago modification of orders lawyer to discuss your case.
The terms are legally binding once a family court judge issues a final order in Chicago, IL. That said, we all know that life changes. In some cases, it may be necessary to modify the terms of a divorce settlement, child custody arrangement, or even the terms of alimony and child support orders. An experienced Chicago modification of orders lawyer can help with these changes.
At KHK Family Law & Divorce Attorneys, our lawyers have over 68 years of experience helping clients resolve sensitive family law matters. We’ll make sure your interests are fully and effectively represented throughout the process.
Reach out our Chicago, IL offices today to get started!
Why Should I Call KHK Family Law & Divorce Attorneys for Help Obtaining a Modification of a Family Court Order in Chicago?
Many things in life are out of our control. Maybe your boss is transferring you to a new work location. Maybe you lost your job. You may even find that your ex-spouse’s new partner is putting your kids at risk.
Modifying an existing court order is an especially complex area of family law. An experienced Chicago family law attorney at KHK Family Law & Divorce Attorneys can help.
You can count on our law firm to:
- Provide personal attention and support throughout the legal process
- Collect evidence to prove your case
- Ensure you understand the consequences of any course of action
- Engage in mediation in an attempt to reach an agreement if possible
- Handle the paperwork and communications
- Build your case and advocate for you in front of a judge
Quality legal representation is always necessary if you and your ex can’t agree on a modification. Call our Chicago family and divorce lawyers today for the skilled legal assistance you deserve.
What Is a Post-Judgement Modification?
A post-judgment modification is simply a change made to a court order after its terms have been finalized. Typically, to obtain a modification of an order, the petitioning party must show that there has been a substantial change of circumstances to justify the modification.
These changes often include:
- Changes in income levels or issues impacting financial resources
- Changes to living situations
- Changes to one party’s work schedule
- A need to relocate for employment or family reasons
- Issues involving one party’s health or emotional well-being
- A parent’s substance abuse problems
Even if that party can prove a change in circumstances has occurred, the court has no obligation to grant the order. Courts will weigh various factors in determining whether to grant the order. Those factors will depend on the modification requested.
What Types of Court Orders Can Be Modified in Chicago?
Typically, modification of orders include those involving:
- Orders establishing rights involving child custody, visitation and parenting time
- Child support
- Spousal support
Property division orders are typically permanent, with limited exceptions.
What Should I Know About Child Custody Order Modifications in Illinois?
Even when two parents have agreed to a child custody arrangement and parenting plan, a modification can be obtained.
These orders typically involve two issues:
- Division of legal decision-making authority or allocation of parental responsibilities
- Division of parenting time
Under Illinois law, courts generally cannot grant modifications to orders dividing parental responsibilities until two years have passed. An exception exists if the child is at risk of suffering some type of harm, whether physical, emotional, moral, or otherwise.
The two-year waiting period does not apply to modification of orders governing parenting time.
What Is the Standard for Modifying a Child Custody Order in Chicago?
To obtain a modification of an order involving parenting time, the standard is:
- A substantial change has occurred in the circumstances of the child or either parent, and
- The modification requested is in the child’s best interests
Courts also have the authority to modify parenting time arrangements without a showing of a substantial change of circumstances the modification is in the child’s best interests and if any of the following are true:
- The modification reflects the real-life arrangement under which the child has been receiving care for at least six months prior to the request, without objection from either parent
- The modification is considered “minor”
- The modification is necessary to change an order that the court wouldn’t have approved if they had known all relevant circumstances
- Both parents agree to the modification
What constitutes a “substantial change in circumstances” or the “best interests of the child,” of course, depends entirely on the facts.
Modifying a Custody Order Based on a Parent’s Relocation
Generally, the relocation of a custodial parent or a parent who shares equal parenting time constitutes a substantial change in circumstances.
However, if reasonably practicable, the custodial parent must provide at least 60 days’ notice to obtain a modification based on relocation.
When the parents disagree, the decision to grant the modification will be based on:
- The reason for the relocation
- The impact on the child
- Reasons why one parent is objecting
- Each parent’s history and relationship with the child
- Educational opportunities and family ties at the existing and proposed location
- Whether a reasonable allocation of parenting time is possible if the modification is granted
- The child’s wishes, depending on the child’s age and maturity
- The ability to minimize the relocation’s impact on each parent’s relationship with the child
- Any other relevant factors
Modifications related to relocation are often highly contested. Having an experienced Chicago modification of orders attorney in your corner is critical to reaching a favorable outcome. Contact our team at KHK Family Law & Divorce Attorneys for the legal assistance you deserve today.
Can I Modify the Terms of a Child Support Arrangement in Illinois?
Child support orders can typically be modified in Illinois when there is a substantial change in circumstances.
Those changes may include:
- Significant changes in the earnings or financial resources of either parent
- Changes to the child’s needs, including healthcare or educational needs
Modifications may also be granted in situations where the support ordered differs from the support that would be ordered following state child support guidelines. If more than 36 months have passed, these modifications can be sought. However, courts will not grant modifications in situations where the deviation was intentional.
It’s also important to note that the change in circumstances can’t be intentional. For example, it’s not necessarily reasonable to request a modification if one parent quits their job or takes a lower-paying job.
Can I Obtain a Modification of an Alimony Order?
Spousal support can be modified in a number of situations. As in other cases, the petitioning party will have to show that a substantial change in circumstances justifies the modification.
Factors that the court will consider include:
- Whether the recipient spouse has become self-sufficient
- Good faith changes to the employment status of either party
- Whether efforts the recipient spouse has made to obtain employment are reasonable
- Tax consequences of the arrangement
- The duration of the maintenance payments and the time remaining when compared to the length of the marriage
- The property acquired and currently owned by either party after the final order was entered
Spousal support may also be terminated if the recipient remarries or begins cohabitating with a new romantic partner, and so no longer needs spousal maintenance payments.
Can Property Division Orders Be Modified After a Divorce is Finalized?
Orders governing division of marital assets in a divorce are generally final. That said, there may be situations where a judge will be willing to modify an order governing property division.
The most common include situations where your ex-spouse
- Was hiding assets during the divorce process
- Lied on his or her financial disclosure statements
In these cases, judges may set aside the property order in order to allow the requesting spouse to participate with full information.
What Types of Evidence Will I Need To Obtain a Modification of a Court Order in Illinois?
Family court judges will need significant evidence before they agree to grant a modification.
That evidence can take many forms and often includes:
- Testimony from family, friends, teachers, and other relevant parties who can testify about the change in circumstances and its potential impact
- Expert testimony from forensic accountants, medical professionals, psychologists, law enforcement officials, and other specialists
- Bank statements, pay stubs, financial records, police reports, and other documentation
The types of evidence you’ll need will depend on the type of order modification requested and the circumstances of your case. Our family law attorneys in Chicago know how to compile evidence and build the strongest case possible.
Contact an Experienced Chicago Modification of Orders Lawyer for a Consultation Today
Our team at KHK Family Law & Divorce Attorneys knows that family law matters can be stressful. That’s true even after a divorce has been finalized for some time. We’re prepared to help you reach the best solution possible.
Call today to schedule an initial consultation with a Chicago modification of orders lawyer who can help your family through this challenging time.
Visit Our Divorce & Family Law Office in Chicago, IL
KHK Family Law & Divorce Attorneys Chicago Office
166 W Washington St Ste 400, Chicago, IL 60602, United States
(312) 702-0068