Your Divorce Decree Was Final. Your Life Wasn't.

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.

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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.

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Parenting Time and Parental Responsibilities

Parenting arrangements are modifiable when there has been a substantial change in circumstances affecting the child or either parent. Courts will consider modifications to the parenting schedule, decision-making authority, or both — always applying the best interests of the child standard. A parent's relocation, a child's changing needs, a significant shift in a parent's work schedule, or a change in the child's relationship with either parent can all support a modification request.

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Child Support Child

Child support can be modified when there has been a substantial change in either parent's income or the child's financial needs. . Support orders can increase or decrease depending on the circumstances.

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Spousal Maintenance

Maintenance orders — unless they were agreed to as non-modifiable — can be modified upon a substantial change in circumstances, including a significant change in either party's income, the loss of employment, retirement, or the receiving spouse's cohabitation with a new partner. Maintenance automatically terminates upon remarriage or the death of either party.

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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.

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Timing Matters

There are waiting periods and procedural requirements that apply to modification requests — particularly for parenting arrangements. Illinois law generally prohibits modification of a parenting plan within two years of its entry unless the child's present environment seriously endangers their physical, mental, moral, or emotional health. Exceptions exist, but they require a specific showing.

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If you're thinking about seeking a modification, don't wait until the situation becomes a crisis. The earlier you understand your options, the better positioned you'll be.

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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.

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

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Why LaRocque Law

We understand that coming back to court after a divorce feels like a step backward. In most cases, it isn't — 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.

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LaRocque Law serves clients in Cook, DuPage, and Will County.