Divorce Modification Attorneys in DuPage County

Representing Clients in Oakbrook, Kane County, Kendall County, & Cook County

Since 1995, Tameling & Associates has worked with clients on important family law matters in DuPage County and across Cook, Kane, Will and Kendall counties. Call today at (630) 394-5944 or contact us online to set up a consultation.

Life can change and there are times when the terms of a Judgment or Settlement Agreement can seem outdated or unduly burdensome. A DuPage County divorce modification lawyer can file a motion with the court to seek appropriate changes to the settlement.

Phrases like “outdated”, “unduly burdensome” and “appropriate” are subjective ones, and each person may interpret them differently. The Illinois Marriage and Dissolution of Marriage Act that governs divorce agreements and its modifications requires a “substantial change in circumstances” for a modification to a Judgment. It is up to a DuPage County family court judge to decide whether the change in circumstances is sufficient to warrant the requested modifications.

The following circumstances are commonly cited as reasons for a modification request…

Change in Financial Circumstances

A spouse that was paying maintenance loses their job. The basis of the maintenance agreement was that this spouse earned a higher income. Circumstances have decidedly changed.

The court will consider the reasons for the changed financial landscape. The person that was laid off from a job is more likely to find a friendly ear at the court than a person who simply decided to quit. A person that voluntarily takes a lower-paying job might find their new work more fulfilling, but courts are less likely to see it as a reason for altering that person’s legal responsibilities.

Financial changes can also go in the other direction. The spouse paying maintenance might get a promotion. Their business might take off. In this case, the spouse receiving the payments might reasonably believe they should share in the prosperity. This can be particularly true if the new financial boom is the result of actions taken during the marriage–the start of a business or the acquiring of education.

Every case is different, subject to interpretation by a judge. That makes the role of a DuPage County divorce modification lawyer even more important, to ensure that their client’s side of the story is understood in all of its detail.

Change in Health

Changes in health can certainly be connected to changes in financial status. It might be the direct cost of medical bills. It might be the loss of ability to keep earning income. It might be some combination of both. Whatever it is, health changes that can be validated by medical records or doctor’s testimony are a valid reason to petition the court for modification.

Remarriage

A new marriage is often highly significant in how it impacts spousal support payments–namely, if the person who remarried is the one receiving the payments, spousal support is often terminated. From the perspective of the paying spouse, if they believe their ex is specifically avoiding remarriage for this reason, while cohabitating with a new partner, this can also be a reason to seek out modification.

Relocation or Removal

The Illinois Marriage and Dissolution of Marriage Act has specific limitations on how far away a parent with majority parenting time can move their primary residence. If you live in the county of Cook, DuPage, Kane, Lake, McHenry, or Will, then a move more than 25 miles away is considered a Relocation.

A change in a child’s primary residence to a residence that is outside of Illinois and more than 25 miles from the current residence is considered Removal. 

If you are seeking to relocate or remove your children from their current residence; or if your partner is planning to relocate or remove your children without your express consent and approval, the Attorneys at Tameling & Associates can file the proper pleadings in Court to adjudicate this issue.

Eva W. Tameling has been practicing family law since 1979 and she founded Tameling & Associates in 1995 to give clients access to reliable and compassionate counsel during challenging times.

These are some common reasons why a divorce modification might be sought. But there can be as many different reasons that constitute “a substantial change of circumstances” as there are people.

If you believe your circumstances or that of your ex have changed sufficiently to justify a modification of the original divorce agreement, reach out to Tameling & Associates. Our attorneys have been representing clients in divorce cases for over 40 years and would welcome the opportunity to share the benefit of our experience with you.

Tameling & Associates serves clients in DuPage County and across Cook, Kane, Will, and Kendall counties. Call today at (630) 394-5944 or contact us online to set up a consultation.