Modification of Orders
Changes in life are inevitable, which means family court orders often need to be modified. If you have experienced a change in circumstances since a prior order was entered, the Law Offices of Nick Kulagin can help. From our Wheaton offices, our dedicated family law lawyers can assist people across DuPage County and Kane County with pursuing modifications to a variety of court orders, including those affecting child custody and visitation, child support, and spousal support. With 15 years of experience to guide us, we are committed to protecting your family, your home, and your business.The Process of Modifying a Court Order in Illinois
Child custody and visitation orders often may be modified if circumstances have changed to the extent that the current custody and visitation order no longer works for the needs of the family. Some examples of changes may include a parent relocating out of state, a parent marrying a new spouse, a parent losing or gaining an employment position, a parent being convicted of a crime, changes in the child’s needs, or a parent struggling with substance abuse. Any proposed child custody or visitation modification must be in the best interest of the child.
Under Illinois law, child support is always modifiable. Child support orders may be modified to account for a “substantial change in circumstances.” Substantial changes in circumstances that may justify decreasing child support obligations include, among other things, a parent losing his or her job or not being able to work due to illness. It is important to note that if a non-residential parent voluntarily quits his or her job, the court will not likely approve a lower amount for child support. Instead, the court is far more likely to approve a lower amount for child support if the job loss was involuntary, such as being laid off. Substantial changes in circumstances that may justify increasing child support include an increase in the needs of the children, an increase in the cost of living of the children, or an increase in the non-residential parent’s income.
As with other orders, spousal support orders can be modified if there has been a substantial change in circumstances. The court may consider factors such as any change in the employment status of either spouse, any impairment of either spouse’s earning capacity, the tax consequences of spousal support payments for both parties, and any other factor that the court deems relevant. Furthermore, spousal support orders may be enforced if payments are not being made.Contact a Divorce Lawyer to Protect Your Interests in DuPage or Kane County
At the Law Offices of Nick Kulagin, our diligent divorce attorneys can provide guidance to residents of Kane and DuPage Counties who are seeking to modify existing family court orders. We can assess the facts of your case and develop a legal strategy accordingly. Having the right attorney on your side can make a significant difference in your case. We also help people in Naperville, Oak Park, Hoffman Estates, and Geneva. To set up a free consultation, call us at 630-480-6399 or contact us online.