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The Truth About Post Decree Modifications


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After a divorce, changes in the lifestyle of either party can require changes in the divorce agreements, and this is often done through post-decree adjustments. If the particular condition of the divorce is considered immune to modifications, a post-decree adjustment is the only way to effectively make a change. Often these changes are related to child custody and support. Here is a closer look at when a post-decree adjustment may be appropriate and how to go about requesting one.

When Is a Post-Decree Adjustment Necessary?

A post-decree adjustment may be necessary in the event of job status changes that bring significant changes in income, which in turn affect the child’s support levels. It may also be needed if a child’s needs change significantly enough to require a change in child custody or support arrangements. These changes must be substantial, however, as the Illinois courts are hesitant to change the divorce decree.

One common situation that may elicit a post-decree adjustment is if the custodial parent decides to move away from the child’s primary residence. If the move is 25 miles or more away, it may be considered a change substantial enough to require modification of the custody arrangement through a post-decree adjustment.

Another common example includes serious disability or illness of the custodial parent. If the custodial parent can no longer effectively care for the child’s physical and emotional needs, protecting the child may require a change in the custody arrangements. Similarly, if the child becomes disabled or requires serious medical care, the courts may change the custody arrangement through the post-decree adjustment to ensure the child’s needs are met.

Finally, changes in income can warrant this adjustment, but only if they are significant. Complete job loss or a huge promotion can mean changes in support and custody arrangements are needed.

Illinois Laws About Post-Decree Paperwork Are Strict

In the state of Illinois, those interested in a post-decree is hard to come by, because the laws are quite strict. Most will work with a child custody attorney to ensure the necessary paperwork is properly filed. It also requires a high level of proof that the change is warranted. In these instances, the courts do not look as closely at what is in the child’s best interests and look more closely at the changes that warrant a post-decree adjustment.

- The Law Offices of Scott D. Rogoff, P.C.

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