When You Need To Modify Your Support Agreement
Going through a divorce is a painful and, sometimes, messy process. After you have agreed on all the financial matters, you may assume that everything is settled for good. However, life changes frequently occur, and one of these changes could provoke the need to revisit your child support or spousal support agreement.
Let An Experienced Lawyer Represent You In A Child Support Modification Case
In Illinois, you can request a modification to child support payments if there is a significant change in the needs of your children or in your or your former spouse’s income. You will need to file a petition with the court and outline why the change to support is needed. In my over 40 years as a family law attorney, I have filed many successful child support modification petitions. Revisiting support agreements can be challenging, but I understand the process and how to craft a strong case for modification.
Here are a few reasons the court may grant a child support modification:
- Loss of your job, or demotion or promotion that significantly impacts your income
- Significant change in your former spouse’s income
- Your child has significant medical issues
Any issue that significantly impacts the financial calculation used for the original support agreement may be considered. If you are unsure if your change qualifies, you can reach out to my office, Thomas M. Gurewitz, Attorney At Law, to discuss it.
Building A Strong Spousal Maintenance Modification Case
Much like a child support agreement, certain spousal maintenance agreements can be modified if there is a significant change in either former spouse’s circumstances. If you are seeking the modification, you must file a motion with the court requesting this change. This maintenance must be reviewable and often specifies if modifiable as to time and amount.
Over the years, I have also helped many Waukegan residents modify or terminate their spousal support agreements. Often, the former spouse does not want the change to occur. I understand all the issues involved in a modification case and how the court evaluates these requests. My experience has taught me how to build a strong case that highlights your need for the modification.
Some of the reasons you may seek a spousal support modification:
- Your income has increased or decreased significantly
- Your former partner’s income has increased
- Your former spouse has made little effort to become self-sufficient
- Other circumstances that affect your earning ability
- Assets acquired since the divorce
- How long you have been paying support relative to the marriage
You may also seek termination of the spousal support payments. In Illinois, termination is generally granted for one of four reasons. You may not have to pay maintenance if your former partner has remarried, is living with someone else in a conjugal manner, has passed away, or you’ve made the requisite number of payments.