Post Judgment Modifications

When Child Support, Child Custody and Visitation Can Be Changed

Once the issues in your divorce have been resolved, the settlement will be placed in a court order called a "Final Judgment of Dissolution of Marriage." When certain family issues are involved, modification of the settlement can be undertaken. Custody, child support, visitation and other children issues, as well as maintenance can all be changed if there is a substantial change in circumstances after your divorce. The property distribution is, as a rule, not able to be modified.

When Child Custody Can Be Changed

In the first two years after divorce, child custody can be changed only if the current situation seriously endangers the child's mental, physical, moral or emotional health and well-being. This is extremely difficult to do and usually requires some major problems with your children's well being. After the first two years, custody can be changed when the person requesting the change proves by clear and convincing evidence that there has been a change in circumstances since the last custody order and the change in custody is in the child's best interests.

When Visitation Can Be Changed

A request for a change in visitation is fairly straightforward in Illinois. You can seek a modification any time it is in the best interests of child to do so. Whether the court agrees or not is not always easy. That is why you need competent and qualified legal counsel to assist you.

Relocation of a Child After Divorce

In Illinois, relocation of a child outside the state is called removal. To move a child out of state, you will need agreement of the other parent. If the other parent doesn't agree, you will need court approval following a hearing on whether the removal is in the best interests of the child. Removal cases are usually one of the most difficult issues to resolve and often result in extensive litigation. They are as important and hard fought as custody cases. Hiring the right lawyer can make all of the difference to whether you win or lose this issue.

The law does provide that a custodial parent can move to another location in Illinois at any time without court approval.

When Child Support Can Be Changed

You can get a child support modification any time there is a substantial change circumstances. This usually means in the income of the non-custodial parent. For example, child support can be reduced if the payor loses his or her job or takes a lower-paying job. It can be increased if the payor gets a significant raise or promotion.

For A Free Initial Attorney Consultation

Contact us today for your free initial consultation. Parking is free. To set up an appointment to talk about a post-judgment modification, please call us at 866-681-5405, or fill out the contact form on this Web site. " We now have two office locations to serve you better. Our man office is located at 456 Fulton Street, Suite 425, Peoria, Illinois 61602.