Your divorce is over and the judgment is entered. So, now what?
Now, you go about living your new life, until something happens. Perhaps you get a new job. Perhaps your ex-spouse gets a new job. Or, maybe one of your children’s needs change. And when any of these events happen, or any, relevant others, you need to return to court.
Making modifications after your divorce aren’t difficult, but you do need a good reason to make them. In this article, we explore some of the primary reasons why you’ll return to court to make modifications, as almost every couple will, and how the process works.
“Why Do I Need to Return to Court?”
You’ll return to court to make modifications to one of two primary judgments from your divorce:
- The Marital Settlement Agreement, because it specifies maintenance, or spousal support, obligations; and
- The Allocation of Parental Responsibilities Judgment, because it specifies child support and parenting time.
Both of these obligations may change for any number of reasons. Some of the most common include:
- Changes in Employment – If you or your spouse loses a job, takes a new job that pays less, or takes a new job that pays more, spousal support obligations may change.
- Health-Related Problems – If you or your spouse becomes sick or is injured for an extended period of time, work may suffer. This may also compromise one’s ability to pay support.
Of course, child support will also change as your children age. As teenagers, they may be involved in more extracurricular activities. As babies, children have more basic needs, like diapers and formula, among other items.
As such, you should expect to return to court on this issue as time goes on.
How to Modify a Support Order or Parenting Plan
If you experience a change in your life, like any of those above, you should return to court. Your Naperville divorce lawyer can do so and, it shouldn’t take a significant amount of time, either.
Your lawyer will file a Petition or Motion to Modify either of the documents. Upon filing this Petition or Motion, opposing counsel, and your former spouse, will have 28 days to “answer” and otherwise respond to your requested changes.
If the changes are statutory, meaning they’re changes made based of Illinois statute, the court is likely to grant the Petition or Motion and make the changes. If the Petition or Motion is not, the Court will likely hear your case and make a decision based off your pleading and your spouse’s response.
Get the Changes You Need With Lawrence R. Surinak Ltd.
Post-divorce modifications are incredibly common. And, if you want yours granted, without having to worry about the hearing in great depth, Lawrence R. Surinak Ltd. can help! Larry has over 36 years of experience in divorce law and has return to court with thousands of clients to make the changes necessary following the divorce.
If you believe you need to modify your Marital Settlement Agreement or parenting plan, contact Larry for a free, 30-minute consultation at 630-470-9990. If you prefer, you may also request an appointment online and we will contact you within 48 hours to discuss your issues and get you into our office.
We look forward to speaking with you!