Post-Decree Modifications

Can child support be modified?

Yes. Either parent can petition to modify child support when income has changed significantly. In cases where HFS is providing child support services, support can also be reviewed without a substantial change once three years have passed if the current amount is at least 20% off the guideline amount.

How long does a modification take?

It depends on whether the other party agrees. An uncontested modification can be resolved in weeks. A contested modification that requires a hearing may take several months. We work to move your case as efficiently as the situation allows.

How often can child support be modified?

There is no strict limit, but support modifications generally require a substantial change in circumstances or other statutory basis under Illinois law.

What qualifies as a substantial change in circumstances?

Illinois law doesn't define the term precisely, but courts look at meaningful, lasting changes — not temporary ones. Job loss, a child's changing school or medical needs, or a parent's move are common examples.

Can maintenance be terminated if my former spouse is cohabitating?

Possibly. Illinois law allows termination of maintenance in certain cohabitation situations depending on the facts and evidence presented.

What if the other party is violating the current order?

The court may enforce existing orders through various remedies depending on the nature of the violation. In some situations, enforcement and modification issues overlap.

Do I need an attorney to file a modification?

Technically no — but the legal standard is specific and the other side will likely be represented. A poorly filed petition can be denied or used against you. We recommend having counsel before you file.

What about emergency situations?

Some circumstances require immediate court intervention. If a child is in danger, if a parent is planning to leave the state with the child without authorization, or if there has been a sudden and severe change in a child's living situation, emergency motions are available. These are handled on an expedited basis and require prompt, careful action.

If you believe your child is in an emergency situation, contact us immediately.