Reeder & Brown, P.C.



Aurora child support and spousal support modification attorneys

Lawyers in Joliet Helping Clients Modify Orders for Maintenance and Child Support

When you get divorced, your divorce judgment will address all of the various considerations pertaining to the end of your marriage. Also known as a divorce decree, your divorce judgment will include the terms of your marital property settlement, as well as the details of your parenting time arrangements and the allocation of parental responsibilities.

Along with your divorce decree, the court may also enter orders for child support and spousal maintenance if the circumstances of your divorce warrant such support. These orders are based on a number of factors that existed at the time of the divorce. The reality, however, is that life is constantly changing, and in some cases, support orders need to be changed as well. If your order for maintenance or child support needs to be updated to meet your changing situation, the skilled attorneys at Reeder & Brown, P.C. are ready and willing to help.

Significant Changes in Circumstances

Under the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5), there are formulas provided for calculating both child support and spousal maintenance that are to be used in most cases. These calculation formulas depend on each party's income at the time that the calculation is made. This means that if one spouse's income were to change dramatically in the years that follow the divorce, the support order might no longer be equitable for both parties. Depending on the situation, it may be necessary to recalculate and modify the order.

Modifications may also be appropriate due to any other significant changes in the family's circumstances. A significant change of circumstances may include but is not limited to:

  • A relocation to a new city or state by either party
  • A dramatic change in expenses for either party
  • A serious medical diagnosis for either party or the parties' child

In child support situations, you can also seek a modification if there has been a gradual change in either or both parents' incomes, and a recalculation would result in a support obligation that is at least 20 percent higher or lower than the current obligation.

It is important to note that until a modification is put in place by the court, support must continue to be paid as originally ordered. A parent or ex-spouse who fails to make payments will be required to pay any amounts that are in arrears, along with interest. Willful non-payment of support could lead to significant penalties, including being held in contempt of court.

Terminating an Order for Support in Illinois

In addition to changing the amount of support to be paid, a modification of a support order could also result in the order being terminated. According to the Illinois Marriage and Dissolution of Marriage Act, there are very specific situations in which an order for child support or maintenance may be terminated.

An order for child support will generally terminate when the child graduates from high school and is at least 18 years old. If an 18-year-old child is still attending high school, the order for support will continue until he or she graduates or turns 19 years old, whichever happens first. In certain situations, a separate order for non-minor support may then be entered, either to require one or both parents to help with college expenses or to provide ongoing support for a child who is disabled.

An ongoing order for spousal support will generally terminate if the recipient spouse remarries or moves in with a new romantic partner. Cohabitation situations can be confusing with regard to maintenance orders, but an experienced attorney from our firm can help you protect your rights and your long-term financial interests.

Protecting Your Rights in Naperville and Crest Hill

At Reeder & Brown, P.C., our lawyers have more than 30 years of combined legal experience, and we have handled some of the most challenging family law cases. We understand the importance of keeping your support orders up to date so that they continue to meet your needs and those of your children. Our attorneys have earned a well-deserved reputation as reliable, hardworking professionals who are dedicated to serving our clients' best interests. We will sit down with you to discuss your situation and determine the best course of action. You can depend on us to remain at your side throughout every stage of the proceedings.

Contact Our Plainfield Post-Divorce Modification Lawyers

For more information about modifying an order for child support or maintenance in Illinois, contact our office. Call 815-885-5980 for a free, no-obligation consultation and case review at Reeder & Brown, P.C. today. Our attorneys serve clients throughout Will County, Illinois, including but not limited to Joliet, Bolingbrook, Plainfield, Lockport, Naperville, Crest Hill, Mokena, Romeoville, Homer Glen, Aurora, New Lenox, and the surrounding areas.

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