If an existing order no longer fits your life, Chicago Legal Exchange can explain whether the law gives you a way to change it and what that process involves, for families in Chicago, Schaumburg and Homewood.
What can be modified
Child support, parenting time, decision-making responsibilities and maintenance can sometimes be changed after the judgment. The division of property in a divorce judgment is generally final. Many agreements also include their own rules about modification, so the first step is reading the order carefully.
What the court looks for
For support and maintenance, the usual question is whether there has been a substantial change in circumstances. A change in support generally reaches back only to the date the other side received notice that you filed the motion, which is why waiting can cost you. For parenting arrangements, the court asks whether a change is needed to serve the child's best interests. A request to change decision-making responsibilities is generally subject to a waiting period after the order, with exceptions that include an agreement between the parents or sworn affidavits showing a serious risk to the child's health or emotional development. That waiting period applies to decision-making, not to every change in parenting time. Parenting time follows a different standard, which generally looks at changed circumstances and the child's best interests, and some smaller schedule adjustments have a lower threshold. An attorney can explain which standard fits your order.
Before you file
- Gather the judgment and every order entered since
- Document the change: pay records, a termination letter, medical bills or a new work schedule
- Keep following the current order while the request is pending
- Try a conversation or mediation first, but do not let it delay a filing that has a deadline
How we help
We review the existing order with you, explain whether a change is realistic, and, if it is, prepare the request and represent you in court or at mediation. When an agreement is possible, we help put it in writing so a judge can approve it. We cannot promise that a court will grant a change.
Enforcement is different from modification
If the other parent is not following a court order, the remedy is enforcement, not modification. A modification changes what the order says, while enforcement asks the court to make the existing order work.
Moving with a child
Illinois has special rules for relocating a child's primary residence once a move reaches certain distances. They require written notice and, if the other parent objects, court approval. Talk to a lawyer before you sign a lease or list a home.
Where mediation fits
Mediation is a confidential meeting with a neutral third party who helps you and the other parent reach an agreement. Illinois circuits run mediation programs for parenting disputes, and courts frequently direct contested parenting cases there. An agreement reached in mediation becomes enforceable once the judge approves it. A mediator cannot give you legal advice, so having an attorney review any proposal before you sign is wise.
Frequently Asked Questions
Can I stop paying support if I lose my job?
No. Support stays due until the court changes it, so file for a modification promptly and keep paying what you can while the request is pending.
Can we change the order by agreement?
Parents can agree on a change, but the original order stays in force until a judge approves a new one. Put the agreement in writing and ask the court to enter it.
Does a new job or a move count as a substantial change?
It can, depending on how it affects income, the child's needs or the schedule. The court looks at the facts, not a fixed list.
Is mediation always required?
Not always. Courts often refer contested parenting disputes to mediation, but it may be waived in situations such as domestic violence.
Other family law guides
Official resources
- Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5) — Divorce and family law statutes
- Cook County Domestic Relations Division — Family court information and procedures