Blog
Subscribe to this list via RSS Blog posts tagged in order modification

Kane County family law attorneysWhen you are responsible for making child support payments, virtually every financial decision you make can affect your ability to meet your obligations. This is especially true if you are considering a job or a career change, as your income is very likely to change. While an increase in your income can be a good thing, a decrease could make it impossible for you to comply with your child support requirements. You may be able to petition the court for an order modification, but depending upon the circumstances of your employment, your request could be denied.

Illinois Law

According to the Illinois Marriage and Dissolution of Marriage Act, an order for child support may be amended upon a showing of a substantial change in circumstances. Losing a job, starting a new one, a significant promotion or demotion, and a complete career change could all create a significant difference in your monthly and annual income. The law recognizes a change in employment status as one of the possible causes for a substantial change in circumstances for the purposes of pursuing an order modification.

Good Faith

Everyone has made choices in their lives that have had a negative outcome, despite being made for the right reasons. Your intentions are an extremely important consideration when seeking a child support order modification, particularly if your income has decreased. If you simply walked away from a steady job with no current, realistic prospects, you are not likely to be granted relief. Similarly, if you were dismissed from your job for inappropriate or destructive behavior, or lack of production due to your own fault, your support obligation will probably not be reduced.

Geneva family law attorneyOne of the primary parts of any divorce case is the property settlement. In Illinois, both spouses are entitled to receive equitable shares of any marital property—which refers to most property accumulated during the marriage. Spousal or child support may also come along with this agreement. However, it can take some time and discussion to arrive at a settlement that is advantageous to both spouses, and there is a method by which property settlements can be appealed or modified if such becomes necessary.

Property Agreement Modifications

Illinois courts generally favor couples working out their own property settlements, given that they are the most familiar with the nature of the assets involved. It also helps to cut down on the number of cases on the docket. Also, if you and your spouse are the only two people involved in working out a property settlement, it is far easier to make changes. At times, though, the court must get involved. Illinois family courts have the legal authority to create a support and property settlement that fits the needs of both spouses, and will often do so.

Talk to an attorney now. Call 630-232-9700.
For faster response to after-hours inquiries, please   email us.