Understanding Modifications To A Divorce Decree

A divorce order establishes custody, child support and spousal maintenance terms upon which each divorced spouse must comply.

If you experience hardships or circumstances that hinder your ability to meet your obligation, you may file for a post-decree modification. Likewise, if your ex-spouse fails to adhere to the terms of the divorce settlement, you may enforce the original order in court. Finally, if your ex-spouse attempts to modify the order against your wishes, you may argue against it.

At The Law Office of Kevin W. Thomas, I have helped clients achieve, and defend against, post-divorce modifications for over 25 years.

If you have questions about child custody modification or child support modification, call my office at 630-485-8012. The initial consultation is free, and evening and weekend appointments are available.

What Events Can Trigger A Need For Modification?

A change in the economic or personal conditions for either parent can trigger a modification. An out-of-state move, a significant increase or decrease in income and change in family structure are among changes that may cause the courts to revisit support orders or custody matters.

While there are many circumstances that lead to post-decree litigation, the following reasons for seeking modification are most common:

  • Relocation: The custodial parent, or a party to a shared parenting plan, may move out of the state for employment. An out-of-state move may also occur in special cases involving abuse by one ex-spouse against the other.
  • Child custody: Relocation, incarceration and evidence of physical, emotional, sexual or substance abuse can influence child custody following a divorce.
  • Child support: A change in child support may be warranted when a parent's income or job status changes significantly, or when the child reaches adulthood.
  • Spousal support (alimony): The most common reason for a spousal support modification is a change in one party's income.
  • Contempt proceedings: Contempt proceedings may be appropriate when one spouse in a divorce fails or refuses to comply with the divorce order.

It's Critical To Get A Trusted Attorney On Your Side

The success or failure of a modification request can profoundly affect the lives of the parties to a divorce, and the lives of their children. Because of this, it is important that you choose your legal representation carefully.

I have more than 25 years of experience as a lawyer. I represent only family law clients, and I use this focus for their benefit. You can be sure that you will receive thorough legal representation, and I will work diligently on your case until the matter is resolved.

To schedule a free consultation to discuss your case with me, contact me at 630-485-8012 or by sending my St. Charles office an email.