Naperville, IL Post-Decree Modification Attorneys

Knowledgeable Lawyers Assisting With Post-Decree Modifications in Naperville, Illinois

A divorce decree comes with a set of court orders about property division, child custody, child support, and spousal support, the specifics of which depend on a couple's individual situation. As you get further and further from the date of your divorce, your life circumstances may change to a point where the original order is unsustainable or does not make sense.

At Fay & Farrow, our Naperville, Illinois post-decree modification attorneys can represent you in a petition to alter a court order. Since we first opened our doors in 1979, we have helped numerous clients in contested family law issues, granting us a deep perspective into divorce-related issues.

Modifying a Court Order of Alimony

Alimony orders reflect the parties' circumstances at the time of divorce. If something major changes afterward, you can ask the court to adjust the amount. Common reasons include losing your job through no fault of your own, facing a serious medical condition, reaching retirement age, or seeing a major drop in income. The court will look at whether the change was outside your control and large enough to make the original award unfair.

To start, you must file a petition with the court that issued your divorce decree. You need to explain clearly what has changed and why the current support no longer works. Then you must submit proof of that change. This proof can include recent pay stubs, tax returns, medical bills, or retirement statements. The judge compares your current income and expenses to those shown in the original order. If you chose to reduce your income on purpose—such as quitting work without a good reason—the court may refuse to lower alimony.

Having a lawyer helps you gather and organize all documents, draft the petition correctly, and explain your situation in court. Your attorney can also negotiate with your former spouse to reach an agreement without a full hearing. In some cases, the court may agree to end support if the receiving spouse remarries or lives with a new partner. An experienced lawyer will know how to prove when such life changes qualify for modification.

When Can You Modify Custody in Illinois?

Illinois courts focus on what is best for the child when deciding on custody. To change legal or physical custody, you must show that something important has changed since the last order. Examples include one parent moving far enough to affect the child's daily routine, a serious health problem that makes it hard for a parent to care for the child, or new evidence that the current plan is harming the child's well-being or safety. In general, you must wait two years to modify a custody order, unless both you and your co-parent agree or the child's well-being is at immediate risk.

Once you prove a major change, the court evaluates whether shifting custody will serve the child's best interests. The judge considers how close the child is to each parent, the child's school performance and social life, and each home's ability to meet the child's needs. The court also looks at whether both parents encourage a healthy relationship with the other parent. In urgent cases—such as allegations of abuse or neglect—the court can move more quickly to protect the child.

Courts are careful about changing custody, so it is vital to work with an attorney. Our firm can help you collect school reports, medical or psychological assessments, and statements from teachers or counselors.

Child Support Modifications

Child support is based on the parents' incomes, how much time each parent spends with the child, and the child's needs at the time of divorce. If income changes by a large amount, parenting time shifts significantly, or the child has new special expenses, you can request an adjustment in support.

In most cases, Illinois law requires a "substantial change in circumstances" before a judge will change support. To prove this, you file a petition and provide updated financial information: recent pay stubs, tax returns, and proof of extra expenses. Parents must serve this petition on the other party and wait for a response. The judge then applies current support guidelines to set a new monthly amount that reflects today's reality.

Until the court signs a new order, you must follow the existing support requirement. If you wait too long, you could owe back payments or make overpayments that are hard to undo. Our attorneys can help you file on time, serve papers correctly, and argue for an adjustment that matches your family's current needs.

Contact a Naperville, IL Post-Decree Modification Lawyer

At Fay & Farrow, we understand that life after divorce can change in ways your original court orders did not foresee. Our team will review your situation, gather the necessary evidence, and advocate for updates to alimony, custody, or child support that reflect your current circumstances. Call 630-961-0060 or contact our Naperville, Illinois post-decree modification attorneys to arrange a free consultation.