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If a substantial change in circumstances affects your ability to comply with the terms of your divorce settlement, a court-approved post-divorce modification is required before you can legally alter child or spousal support payments. If you intend to relocate outside of the state of Illinois or move to another part of the state, a modification to your existing custody or visitation agreement is also required. At Strauss & Hoyt, LLC our attorneys prepare and file post-divorce modifications for people who can no longer comply with the terms of their divorce settlement due to illness, loss of employment, or geographical relocation.
If you are experiencing financial difficulty or are interested in moving and have questions about how your obligations under your divorce settlement are affected, contact post-divorce modification lawyers at Strauss & Hoyt, LLC today to schedule a free consultation.
Modifying a Divorce in Illinois – Why it’s necessary to go to Court
Divorce settlements are court orders: they indicate how much child or spousal support will be paid and how custody or visitation will be arranged. Failure to adhere to a divorce settlement can result in a contempt order. As a result, if you fail to pay the amount of child support or spousal maintenance ordered by the court, you could have your wages garnished, assets seized, driver’s license suspended, or be sent to jail.
Even if your ex-spouse verbally agrees to let you reduce child support payments for a period of time or change visitation schedules, your agreement is not valid unless it is approved by the court. Additionally, obtaining a court-approved modification protects both you and your ex-spouse should any disputes arise later.
Illness, Job Loss, and Modifying a Divorce in Illinois
Illness or unemployment can affect both the custodial and non-custodial parent. Consequently, if you are the custodial parent and need more child support or alimony as a result of a substantial change in your circumstances, you can request a modification in support payments as well. However, regardless of whether you pay support or receive it, the court will evaluate the financial situation of both ex-spouses and determine whether or not a modification is justified. Here, it’s important to remember that if you’re unemployed and receive unemployment benefits, the court may still require you to pay some support.
Contact Libertyville, Illinois Post-Divorce Modification Attorneys
If illness, loss of employment, or a geographical relocation has made it necessary to modify the terms of your divorce, contact post-divorce modification attorneys at Strauss & Hoyt, LLC today to schedule a free consultation to discuss your case.