Reasons to Go Back to Court Post-Divorce/Judgment
A divorce can leave emotional devastation in its wake, but your troubles should stop after the proceedings are complete. However, if the settlement is not in your best interests or your circumstances change after it has been finalized, updating the settlement is a good idea. At that point, you will need to return to court to get the settlement updated or changed.
When Should You Modify The Divorce Settlement?
Typically, changing the divorce settlement can become necessary if one or both spouses undergo substantial changes personally and/or financially, which prevent them from complying with the original terms.
For instance, if the spouse who pays for child support loses their job and cannot find another one in time to make the required monthly payments, they may seek modifications in the original settlement in court.
Similarly, if the spouse who pays for spousal maintenance discovers their former partner has remarried or moved in with a new partner and has more income to support themselves, the paying spouse can ask for a cessation of maintenance payments. If granted, the terms of the divorce settlement will need to be changed accordingly.
Additionally, if you believe any property that was distributed in the divorce was done fraudulently, you can appeal in court and have the settlement modified. You can also have it modified if you believe your children are in danger with the custodial spouse.
Modifying a Divorce Settlement in Illinois
There are several factors that go into modifying a divorce settlement in Illinois and it depends on the part of the settlement you want altered. For example, you cannot modify the settlement to dispute a property issue 30 days after it was signed – unless you can prove it was illegally distributed.
The same is the case with the child custody or parental responsibility settlement. Unless you can prove your child is in serious danger with your ex-partner, you have to wait at least two (2) years from the date the order was signed to modify the plan, especially if your ex-partner refuses to comply.
In such a case, you have to provide proof to the court that modifications will be in the child’s best interests. Similarly, if you have custody of the child and wish to relocate elsewhere – despite your spouse’s protests – if you can prove the move is in the child’s best interests, you can appeal for a modification in court.
The court will not take an appeal for modification seriously unless you can give clear and irrevocable proof of the altered circumstances and that change is necessary. An attorney can help you convey that need by presenting evidence on your behalf and in terms that can highlight that necessity. This is important because a family judge will not change the terms just because you personally don’t like them.
Whether you need to have the divorce settlement modified or need an experienced divorce attorney in Schaumburg, IL to help you through divorce proceedings, get in touch with us at the Law Office of Fedor Kozlov P.C. We have years of experience helping families and individuals cope with this event and ensure they have a promising future to look forward to.