Modifying Orders in Divorce

 Posted on December 00, 0000 in Divorce

Divorce settlements and orders should always be drafted to address the future. The reason is because the decisions made during a divorce many times controls how your family grows after a divorce. Even in cases where careful planning and consideration is used in drafting an order in a divorce, life changes may dictate that the order may need to be modified at a later date.

What Can Modified?

In order to modify an order handed down in a divorce proceeding the very first thing you must do is petition the court. This is where the help of a dauntless DuPage County family lawyer will be able to help. The types of orders that one can petition the court to modify include:

• Visitation arrangements
• Child custody arrangements
• Child support orders

Understanding the steps, what the courts will consider, and how those considerations will affect the outcome of your case is why it is imperative that you enlist the help of knowledgeable and competent legal representation.

What Does the Court Look at When Modifying an Order?

When weighing evidence on whether a modification to an order handed down during a divorce the court will look primarily at the reasons why one petitioned the court for the modification. For example, if you are trying to modify a child support order the court will likely ask you to prove one of the following:

• That there has been an increase in the paying parent's income
• That there has been a substantial decrease in the paying parent’s income
• A disability that needs substantial medical attention has surfaced in the child
• The child no longer lives with the parent getting child support

Additionally, if you are trying to modify a child custody or parenting time order the court will likely require that you establish one of the following:

• A belief that the child is in danger
• A parent's wishes to physically relocate the child
• A spouse's refusal to honor an existing visitation order or schedule
• That one of the parents has passed away

The above list is not exhaustive. The fulcrum of what courts in Illinois weigh when making decisions about modifying an order is the best interest of the child. Your skilled Aurora, Illinois family law attorney will be able to persuade the court using the facts you present that a modification is appropriate.

Aurora, Illinois DuPage County Family and Divorce Law Representation

If you are considering a divorce, or desire a modification to an existing order do not try to get the modification done alone. The skilled and compassionate family law and divorce lawyers at the Law Office of Matthew M. Williams, P.C. can assist you every step of the way. Contact our Aurora, Illinois office at 630-409-8184 to schedule your initial consultation.

Source:

https://www.illinoislegalaid.org/legal-information/changing-parental-responsibilities-child-custody