Post-Divorce Modification

Modifying Custody or Child Support

Emily J. Kelly -- Wheaton, Illinois, Family Law Attorney

Is the level of child support you are receiving no longer sufficient? Are you seeking more parenting time with your child, or wishing to move out of state with the kids? As a family law lawyer with 18 years of experience in the law, I am uniquely qualified to handle your petition for post-divorce modification of custody, visitation, and child support.

The Law Office of Emily J. Kelly represents men and women in all Chicago suburbs of DuPage and Kane Counties. I invite you to schedule a free, 30-minute consultation to discuss your post-divorce modification case. Call my Wheaton office at (630) 221-0100.

Modification of Child Support

Either parent can petition to alter the amount of child support if there has been a substantial change of circumstances. The custodial parent can file for an increase as expenses rise or if the paying parent's income has risen. The non-custodial parent can seek a reduction if their income has been reduced through no fault of their own, such as unemployment or a downturn in business. The new level of child support is still determined according to statutory guidelines regarding the paying parent's net income. I will represent you at the hearing. My role as your post-divorce modification lawyer is to ensure that the court has accurate information about claimed expenses or income from all sources.

Modification of Custody and Visitation

Whether custody terms were set out in the divorce decree, or you were never married but have a court-approved custody agreement, you can petition to alter custody itself or to change specifics of the day-to-day parenting arrangements. Typically, courts require that you wait two years after the initial order, unless the child is in immediate danger or for other sufficient reasons.

If you are seeking sole custody or want to move toward 50 percent of parenting time, you must go through the whole custody determination process. I will help you state your case to convince a judge that the modification is in the child's best interests.

When requesting a removal (relocating outside of Illinois with the children), the parent with primary custody has the burden of showing that the child will be better served and that the non-custodial parent will not be unduly deprived of visitation rights. I represent either party in these bitterly fought cases, preparing my client for negotiations, court-ordered mediation and evaluations, or litigation. There are no restrictions on relocating within Illinois.

Modification of Spousal Support

If alimony was awarded in the original divorce decree, it may be subject to post-divorce modification. The receiving ex-spouse can seek an adjustment if the payer's income has risen substantially. The payer can seek to reduce or terminate spousal maintenance if the ex-spouse has remarried or achieved financial independence.

Free 30-Minute Consultation

Contact my Wheaton office at (630) 221-0100 about modifying child support, custody, or spousal support arrangements. I offer 18 years of legal experience and will vigorously protect your rights and advance your interests.