Lombard, IL Post-Divorce Modification Lawyers

Respected Attorneys Helping Modify Divorce Decrees and Child Custody Orders in Lombard, Illinois

Your life will not stand still after you complete your divorce. Over time, you and your family may experience significant changes in your circumstances. These issues can affect your family's needs, and they may require adjustments to the terms of your divorce decree. Whether you are seeking to modify parenting arrangements, child support, or spousal maintenance, it is important to follow the correct steps to make sure you meet all legal requirements. If you need to respond to a modification request from your former spouse, it is essential to have knowledgeable legal guidance to make sure your rights are protected.

At A. Traub & Associates, we work with clients in Lombard and throughout DuPage County to address situations where post-divorce modifications may be necessary. Our attorneys understand the legal concerns that will need to be addressed when changing court orders, and we work to help our clients achieve outcomes that will reflect their current circumstances while preserving stability for their families.

When Is a Post-Divorce Modification Necessary?

A person may need to return to court to request a modification if there has been a substantial change in circumstances since the original divorce decree was issued. Common situations that may justify a modification include:

• Child Custody and Parenting Time Adjustments: Changes in a child's needs, adjustments to a parent's work schedule, or concerns about a child's safety may lead a parent to request updates to their parenting plan. These changes may address how certain parental responsibilities will be handled, or a parent may seek changes to the schedule detailing when children will spend time with each parent.
• Relocation of a Parent: If a parent plans to move a significant distance away, the parenting plan may need to be modified to accommodate the relocation. Parenting time schedules will likely need to be adjusted, and decisions may need to be made about how children will be transported between the parents' homes. Other issues may need to be addressed, such as communication between children and parents.
• Child Support Modifications: Increases or decreases in either parent's income, a change in the child's needs (such as medical or educational expenses), or other financial developments may warrant an adjustment to the amount of the parents' child support obligations.
• Spousal Maintenance Adjustments: A change in either spouse's financial circumstances, such as the loss of a job, retirement, or the remarriage of the recipient spouse, may lead to the modification or termination of spousal support.

Legal Requirements for Obtaining a Modification

In some cases, the parties may make informal arrangements, such as agreed changes to parenting time schedules. However, this is not recommended, since informal agreements may be unenforceable. Either party could take action to enforce the court's orders, and if the other parent has not been meeting their obligations, they could face penalties.

To make sure any changes to court orders will be legal, a modification request must be filed with the court that heard the original case. To receive approval for a modification, the party who made the request must meet certain requirements, including:

• Demonstrating a Substantial Change in Circumstances: The changes experienced by the parties or their children must be significant enough to justify altering the existing order. For example, a minor fluctuation in income may not be sufficient to warrant a change in child support, but a major promotion or a loss of employment could qualify.
• Protecting the Best Interests of the Child: When modifying child custody or parenting time, the court will focus on whether the proposed changes are in the child's best interests. Parents may need to provide evidence showing that their requested changes will serve their children's interests. For example, a parent making a relocation request may demonstrate that the child will have better educational opportunities when living at the new location.
• Compliance With Waiting Periods: Certain modifications, such as changes to the allocation of parental responsibilities, may not be requested until two years after the original order unless there is evidence that the current arrangement endangers the child's well-being.

The attorneys at A. Traub & Associates help clients prepare and present strong cases for modification. We can help gather the necessary documentation, prepare strong petitions, clearly demonstrate that circumstances have changed, and advocate for solutions that will protect children's best interests.

Contact Our Lombard, IL Post-Divorce Modification Attorneys

When your or your family's circumstances have changed, it is important to take the right steps to request any required modifications and make sure your divorce decree continues to reflect your family's reality. At A. Traub & Associates, we can help you pursue a post-divorce modification or respond to a modification request made by your ex-spouse. Contact our Lombard post-decree modification lawyers at 630-426-0196 to arrange a consultation.