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The ancient Greek philosopher Heraclitus stated that, “Change is the only constant in life,” and that adage could well be applied to family law matters. Provisions concerning areas such as child custody, child support, and spousal support that were perfectly appropriate when they were first entered can sometimes become unworkable. Moreover, a seemingly routine modification can sometimes become bitterly contested, as old emotional wounds are reopened. In times like this, your family needs an experienced advocate who can offer cost effective solutions.
At Glasgow & Olsson, our lawyers have over five decades of combined experience, and law firm founder Thomas T. Glasgow is a well-respected attorney who frequently serves as a consultant on family law matters. Our professionals work quickly to evaluate your case and take the steps that are needed to help ensure that the orders in your case accurately reflect your family’s current situation.
One of the first steps in a modification action is to identify the proper court. A mistake can cause costly delays. Typically, the county where the children reside is the proper venue for a petition to modify. If your divorce took place outside Illinois, some preliminary work may be necessary to enable a local judge to consider the matter.
To modify orders, the requesting party must show a substantial change in circumstances that is permanent and could not have been anticipated at the time of divorce. Some examples include a new job, the purchase or sale of a business, and a relocation. On the other hand, a temporary job transfer, decreased value of a stock portfolio, or a vacant rental property are all examples of a temporary change, or one that could have been earlier anticipated. Increased expenses can also serve as a basis for a modification action.
An increase in support will generally be made retroactive to the date of the change, but a decrease in support is only valid for future payments. Most judges look more favorably on child support reduction requests if the change is either totally or mostly beyond the person’s control. As for custody and visitation, the court may consider poor grades, disciplinary problems, substance abuse, criminal matters and other such evidence to conclude that a modification is in the best interests of the children.
Compliance is often an issue. An obligor may fall behind on support payments or one parent may interfere with the other parent’s child custody. If you can point to specific terms that have been broken at specific times, and the other party does not have a valid excuse for the violation, the judge may take appropriate action.
As a rule of thumb, a divorce order in Rolling Meadows must be modified at least every two or three years. If your orders have become unworkable, contact the experienced attorneys at Glasgow & Olsson for your initial consultation. Call 847.577.8700 today. We serve families in Cook County, Kane County, DuPage County and throughout the Chicagoland area.