Modification of Judgments
Parties may return to court after their divorce has been finalized to modify the terms if there has been a substantial change in circumstances. Modifications of Judgments are most often related to the payment of spousal maintenance, child support, or other child-related issues such as the payment of college expenses.
Modifying Maintenance
Spousal maintenance can be modified or terminated if there has been a substantial change in circumstances. When considering whether maintenance should be modified, the Court may consider some of the following factors:
Unless otherwise agreed by the parties, the obligation to pay maintenance terminates upon the following events:
The Illinois Marriage and Dissolution of Marriage Act has undergone recent changes that could affect how your judgment is modified depending on when your case was decided and which version of the statute was applied at the time your judgment was entered.
The formula for determining child support was revamped as of July 1, 2017. Similarly, the method of determining the amount and duration of maintenance changed significantly as of January 1, 2019. If you seek a modification of your judgment, it is likely that the current provision of the Illinois Marriage and Dissolution of Marriage Act will apply rather than the provisions that were in effect at the time when the judgment was entered. However, this is not universally true for all cases and circumstances. The applicability of the old provisions versus the new provisions of the Illinois Marriage and Dissolution of Marriage Act have been subject to differing interpretations by various recent Appellate Court case decisions.
You should consult with an attorney in order to understand how the changes in the law may or may not affect a judgment you wish to modify. More importantly, the recent changes made to the Illinois Marriage and Dissolution of Marriage Act in and of themselves do not constitute a substantial change in circumstances warranting modification. In order to modify your judgment, you must first establish a change in the factual circumstances of your case.
Modifying Maintenance
Spousal maintenance can be modified or terminated if there has been a substantial change in circumstances. When considering whether maintenance should be modified, the Court may consider some of the following factors:
- If there has been a change in employment of either spouse, and whether the change was made in good faith;
- The effort or lack of effort the spouse receiving maintenance has made to become self-supporting;
- Any impairment or inability of either party to earn income;
- The amount of time maintenance has been paid and is due to be paid in relation to the length of the marriage;
- The property awarded to each party in the divorce and the present status of that property;
- Any increase or decrease in each party's income since the divorce;
- Any property acquired and owned by each party since the divorce;
- Any other factor the Court finds to be just.
Unless otherwise agreed by the parties, the obligation to pay maintenance terminates upon the following events:
- The death of either party
- The remarriage of the party receiving maintenance
- If the party receiving maintenance cohabits with another person on a resident, continuing conjugal basis.
The Illinois Marriage and Dissolution of Marriage Act has undergone recent changes that could affect how your judgment is modified depending on when your case was decided and which version of the statute was applied at the time your judgment was entered.
The formula for determining child support was revamped as of July 1, 2017. Similarly, the method of determining the amount and duration of maintenance changed significantly as of January 1, 2019. If you seek a modification of your judgment, it is likely that the current provision of the Illinois Marriage and Dissolution of Marriage Act will apply rather than the provisions that were in effect at the time when the judgment was entered. However, this is not universally true for all cases and circumstances. The applicability of the old provisions versus the new provisions of the Illinois Marriage and Dissolution of Marriage Act have been subject to differing interpretations by various recent Appellate Court case decisions.
You should consult with an attorney in order to understand how the changes in the law may or may not affect a judgment you wish to modify. More importantly, the recent changes made to the Illinois Marriage and Dissolution of Marriage Act in and of themselves do not constitute a substantial change in circumstances warranting modification. In order to modify your judgment, you must first establish a change in the factual circumstances of your case.