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Modifying a Custody or Support Agreement

Reasons to Modify a Divorce Agreement

It is impossible to predict the future. Since the time of your divorce, your child support, spousal support, or child custody needs may have altered. A change in residence, income, child care needs, and activities of the child/children may have occurred that requires post-judgment modifications. If these circumstances make it no longer possible for you to reasonably abide by the original settlement, a change in agreement can be made. Another reason post-judgment may be necessary is if one party disregards the original agreement. In such cases, my law firm will take all legal actions necessary to solve the issue.

Modification of Child Support

Sometimes, the amount paid from one spouse to the other is not enough for the caregiver to support the children. In this case, it may be required that the amount of child support be increased. The one receiving child support may have experienced a decrease in personal income and therefore requires a larger sum given to them to support the children. On the other hand, if the financial provider becomes unemployed or seriously ill, it may be possible for the amount of child support to be decreased. A Batavia divorce attorney can help make your claim and prove the validity of the proposition.

Illinois state laws regarding child support have not changed in recent years, which make it harder for the court to provide a support order that will be applicable up to adulthood of the child. This is why modification is especially important in this state. It is not unlikely that a modification may be made, but it is important to have your divorce attorney take the necessary actions for modification of child support.

Modification of Spousal Support

Financial and situational changes can take place that may need an adjustment of alimony orders. On either side of the situation, having your divorce lawyer take you through the necessary steps for adjustment could help solve the dilemma. If you need to reduce the amount of alimony you pay, need to increase the amount of alimony you receive, or you need to continue in child support if it is going to end, modification might be in order. It is difficult for both parties to know how much they will be able to give and need.

It should be made sure that the correct steps are taken so that the process of modification is executed in a legal manner. An official agreement must be made because an un-official agreement will not be regarded in a court of law. If the recipient of spousal support begins a cohabitating or supportive relationship with another individual, the amount of alimony may be decreased or even terminated. A supportive relationship can be determined based on the following criteria:

  • Evidence of a permanent and supportive relationship
  • Length of time the recipient lives with another
  • Shared finances or other assets, such as material possessions
  • Joint purchases such as material or real estate properties
  • Support of children by another individual

If you or the person you are providing alimony to are involved in a relationship situation that requires amendment, modification of spousal support is available. If you are at the receiving end of the alimony and in a supportive relationship, it is important as well to speak to a divorce lawyer to avoid legal repercussions and loss of alimony.

Modification of Child Custody

Changes involving child custody can be enacted by either individual of a divorce. Personal lives and situations are constantly changing, which often requires a modification in child rearing situations. Reasons for a change in child custody include relocation, health needs, and educational goals. A child's custody is determined on the basis of that child's best interest. If the best interests of a child happen to change, so may the details of his or her custody. Since the State of Illinois does not favor joint-custody, the parent that has responsibility of the child may be changed. A child's preference will not in itself be enough weight in a modification proposal. In Illinois, there are three situations that could bring about a modification consideration:

  • Both parties agree to shift custody
  • A dangerous present environment
  • A change in circumstances and two years' time lapse

There are obviously stipulations to a child support, spousal support, or child custody modification, but it is in no way impossible. To explore your options and seek legal guidance, feel free to contact my divorce law firm. Divorce is not just a one-time act, but a life-long situation.

In order to continue to support your rights, contact a Batavia divorce lawyer from my firm today!

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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