There are many situations where parents may wish to modify parental allocation judgments put in place by a family court. While these orders are usually meant to reflect a family’s situation and ensure that parents can work together to provide for their children’s needs, circumstances may change. One parent may believe that it would be better for his children to live with them more often, or both parents may agree that adjustments to parenting time schedules are necessary because of a parent’s health issues. Regardless of the reasons for a potential modification, it is important to follow the correct procedures to ensure that the best interests of children will be protected.

A parent who believes a modification to a parenting plan is necessary may request these changes in family court. A judge will review the request to determine whether it will provide for the best interests of the child or children involved. Whether a modification is based on one parent’s desires or an agreement by both parents, it is important to work with an attorney in these situations to make sure all legal requirements are met.

Legal Process for Modifying Family Court Orders

In general, requests for modifications must be based on substantial changes in circumstances for one parent, both parents, or for a couple’s children. A modification request will involve the following steps:

After a divorce, circumstances can change for either party or for a couple’s children. These situations may lead a parent to seek a modification of the child parenting arrangements that were put in place during the divorce process. If you have experienced changes in your life after your divorce, it is important to understand when and how child parenting agreement modifications can be made. An attorney with experience representing clients in family law cases can guide you through the process, ensuring your child's best interests are prioritized and your parental rights are protected.

When Can You Modify A Parental Allocation Judgment in Illinois?

In Illinois, it is possible to modify both the allocation of parental responsibilities (formerly referred to as legal custody) and parenting time (formerly referred to as visitation). According to the state’s laws, modifications can usually only be made to the allocation of parental responsibilities after two years have passed since the completion of a divorce or since a child custody order was put in place. However, modifications can be made at any time if they are necessary to serve the best interests of the child or children.

 In general, requests to modify the allocation of parental responsibilities must be based on significant changes in a family’s circumstances. Some examples of significant changes in circumstances include:

When a marriage comes to an end, particularly under circumstances where one spouse is primarily responsible for the divorce, emotions can become heated. In some cases, a person may believe that their spouse should be punished for infidelity or other actions that led to the breakdown of their relationship. If you are planning to end your marriage in Illinois, you may wonder whether being the "innocent" spouse might impact your eligibility for alimony, also known as spousal maintenance. As you address this issue and other divorce-related concerns, it is important to understand the nuances of Illinois law regarding spousal maintenance and fault in a divorce. An experienced attorney can guide you through the complexities of divorce law and help you understand your rights and options.

Spousal Maintenance in Illinois: An Overview

Spousal maintenance is not automatically granted in Illinois divorces. The court will consider several factors to determine whether maintenance is appropriate and, if so, its amount and duration. However, it is important to understand that the purpose of spousal support is to maintain equality between spouses and ensure that they will both have enough financial resources to support themselves. Spousal maintenance will typically consist of monthly payments by one party to the other, and it is meant to ensure that a person who earns less than their former partner will be able to continue living at the standard the spouses were accustomed to while they were married. 

Because Illinois follows "no-fault" divorce principles, courts do not consider “marital misconduct” when making decisions about most divorce-related issues, including spousal maintenance. So, even if your spouse committed infidelity or engaged in behavior that led to the breakdown of your marriage, they cannot be required to pay you alimony as a penalty.

In many family law cases, child support is a crucial issue that will need to be considered. Both of a child’s parents will have a financial obligation to ensure that their child’s needs will be met. If you are a parent involved in a divorce or child custody case in Illinois, it is essential to understand what expenses child support is intended to cover. An understanding of how child support is calculated and how different expenses will be divided between parents can ensure that these issues will be addressed correctly. As you address issues related to child support, an experienced attorney can provide personalized assistance and representation to help you manage the legal aspects of your case effectively.

Basic Living Expenses Covered by Child Support

Child support in Illinois is determined by the "income shares" model. The formulas used to calculate child support consider the combined income of both parents to ensure that parents will contribute a similar amount of the income they earn toward meeting their children’s needs as they would have if they continued to live together. Basic living expenses covered by child support include:

• Housing: Rent or mortgage payments, property taxes, insurance, and utilities.

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Financial issues addressed during a divorce can be complex, especially when a couple has a high net worth. In these cases, it is not uncommon for one spouse to attempt to hide assets in order to gain an unfair advantage when marital property is divided. Hidden assets can have significant implications on the outcome of a high asset divorce, affecting everything from the allocation of assets and debts to spousal support and child support. If you suspect that your spouse may be hiding assets, it is essential to work with an experienced attorney who can help you uncover the truth.

The Importance of Full Financial Disclosure

During the divorce process, both parties are required to provide each other with a full financial disclosure. This means that each spouse must disclose all income, assets, debts, and expenses accurately and honestly. However, some people may try to manipulate this process by intentionally concealing or undervaluing certain assets.

This behavior is particularly prevalent in high net worth divorces where there are substantial marital assets at stake. Hidden assets can include offshore bank accounts, real estate investments under different names or entities, undisclosed business interests or partnerships, and valuable collections or art pieces that may be kept secret from the other spouse.