Three Scenarios Where a Post-Divorce Modification is Necessary

 Posted on July 11, 2024 in Divorce

Divorce settlements, while designed to be comprehensive and fair, are not completely irreversible. The law in Illinois recognizes that life is dynamic, and circumstances can evolve in ways that require changes to the original divorce terms. Whether due to relocation, changing a child's medical needs, or the remarriage of a former spouse, the courts provide legal mechanisms for post-divorce modifications to ensure fairness and adaptability. Contact an Illinois divorce attorney if you believe your original divorce decree needs to be modified.

Situations That Warrant a Post-Divorce Decree Modification

Here are three examples where courts in Illinois allow for a divorce decree modification, including:

Relocation of One Parent

One of the most common reasons for seeking a post-divorce modification is the relocation of one parent. In today's global economy, job opportunities or family responsibilities can require a parent to move a significant distance away from his or her current residence. Such relocations can impact a variety of things, such as custody arrangements or visitation schedules, requiring a reevaluation of the settlement terms. In Illinois, before a parent can relocate with a child, he or she must obtain the court's approval, even if the parents agree on the relocation.

When determining if the move is in the best interests of the child, the court will want to know the reason for the move, the impact it will have on the child's relationship with the non-relocating parent, and how the move will affect the child's quality of life.

Changing Medical Needs of the Child

Another scenario warranting a modification to a divorce settlement involves the evolving medical needs of a child. A child may develop new medical conditions or require additional treatments and care that were not anticipated during the initial divorce proceedings.

These changes can result in significantly increased medical expenses, requiring an adjustment in child support or custody arrangements to meet the child's needs. The court will reexamine the financial capabilities of both parents and the needs of the child to ensure that all necessary medical expenses are covered properly.

Remarriage of a Former Spouse

The remarriage of one former spouse can also trigger the need for a post-divorce modification. Remarriage can have major implications on financial dynamics, especially in relation to spousal support. In Illinois, the obligation to pay spousal support generally terminates automatically upon the remarriage of the recipient of the support. However, this does not apply to child support, which remains in place regardless of remarriage.

Contact a Joliet, IL Divorce Lawyer

Divorce settlements are not set in stone; the law in Illinois allows for modifications in response to life's changing circumstances. For assistance in modifying your divorce decree, contact the Plainfield, IL divorce attorneys with Law Offices of Tedone and Morton, P.C.. Call 815-666-1285 to schedule a complimentary consultation.