Courtney ∙ Clark Law, P.C.Courtney ∙ Clark Law, P.C.
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Changing a divorce settlement agreement is tough but possible

Very few people in Illinois will likely consider the possibility that they might have to come back to the court to ask for changes to their settlement agreement. Once the final divorce decree is issued, the relief can be indescribable, but circumstances change, and modifications might be necessary. While such changes are never easy to achieve, it is possible if the appropriate steps are taken. The procedures depend on whether amendments are sought for spousal support, child custody or child support.

When a former spouse seeks an altered spousal support order, the court will consider such changes upon proof of the provider contracting a serious disease or becoming unemployed. The order might also be changed if the recipient moves in with a new love or remarries. The death of an ex-spouse will also allow termination of alimony.

When it comes to the children, support can be increased or decreased, depending on which parent seeks the change. As children grow, their needs change, and more support might be sought. However, genuine hardship might force the paying parent to ask the court to lower the obligated amount. It is never wise to change support payments after a verbal agreement with the other parent -- getting a new court order can protect that parent from lawsuits in the future.

Child custody changes are often hotly contested. Illinois parents could reach new agreements through mediation, which can be arranged by an experienced family law attorney. Whatever modifications are sought on a divorce settlement agreement, the best way to go about it is first to check the legal aspects with the lawyer. He or she can assess the viability of the desired changes and then assist with the navigation of the legalities and procedures to get approval from the court.

Source: FindLaw, "Can a Divorce Settlement Be Changed?", Christopher Coble, Accessed on April 14, 2018

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Courtney ∙ Clark Law, P.C.
104 South Charles Street
Belleville, IL 62220

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