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Chicago Post-Decree Modifications Attorney
When the order no longer fits the facts, we help you change it, or defend against a change that isn't warranted.
The Judgment Is Final. Life Still Changes.
A divorce judgment resolves your case as it existed at the time. It doesn't account for job changes, moves, new relationships, children growing up, or the hundred other ways life shifts after a marriage ends. When circumstances change in a meaningful way, Illinois law allows, and sometimes requires, that your court orders change with them.
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Post-decree modifications are one of the most common reasons former clients come back to us. They're also one of the most common reasons people who handled their own divorce end up needing an attorney for the first time.
What Can Be Modified
Not everything in a divorce decree can be changed, and not every change in your life qualifies as grounds for modification. Illinois law sets a specific standard: there must be a substantial change in circumstances since the entry of the original order. What that looks like depends on what you're trying to modify.
Parenting Time and Parental Responsibilities
Child Support Payments
Spousal Maintenance
When the Other Party Won't Cooperate
Modification requires a court order. You cannot simply agree to change the terms informally and expect that agreement to be enforceable. If your co-parent has stopped following the parenting schedule, your ex-spouse has stopped paying maintenance, or circumstances have changed and the other party refuses to negotiate, enforcement and modification proceedings may both be necessary.
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We handle cases where former spouses are cooperative and cases where they aren't. Either way, the process starts with filing the right motion and building the right record.
Our Approach to Post-Decree Modifications
Why Clients Choose LaRocque Law
We understand that coming back to court after a divorce feels like a step backward. In most cases, it's a necessary part of making sure the legal framework around your family reflects your actual life. We handle post-decree matters efficiently and practically, with a focus on getting you to a resolution that works without unnecessary litigation.
LaRocque Law serves clients in Cook County, DuPage County, and Will County. Our Chicago child custody lawyer page covers how parenting cases, including modifications, move through each county’s courthouse.
"She was consistently communicative, responsive, and available throughout the divorce process. I especially appreciated that she continued to be responsive and helpful even after the divorce was officially finalized." — Laura D., client. Past results and client testimonials do not guarantee future outcomes; every case is unique.
Cases are handled by Rebecca LaRocque and Isma Choudhry. Family law only, in Cook, DuPage, and Will Counties. Common questions are answered in our post-decree modifications FAQ.
Related: Child Support · Parenting Time · Relocation · Chicago Child Custody Lawyer
Frequently asked questions
Can parenting time be modified after divorce?
Yes. Illinois courts can modify a parenting schedule when there has been a substantial change in circumstances and the modification serves the child's best interests. Common triggers include a parent's relocation, a significant change in a child's needs, or a breakdown in the existing schedule.
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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.
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How long does a modification take?
It depends on whether the other party agrees. An agreed modification can be entered quickly. A contested modification that needs a hearing takes longer, and the court's calendar drives much of the timing. We work to move your case as efficiently as the situation allows.
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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.
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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, remarriage, a child's changing school or medical needs, or a parent's move are common examples.
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Can maintenance be terminated if my former spouse is cohabiting?
Possibly. Illinois law allows termination of maintenance in certain cohabitation situations depending on the facts and evidence presented.
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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.
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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.
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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.