Although Court orders are official and enforceable, many may be modified under certain circumstances and/or after a certain length of time. That being said, it is critical to file the right paperwork at the right time and to present a strong argument for why the Court should grant your post-judgment modification. For this and other reasons, it is important to work with an experienced family law attorney.
At Gauthier Family Law, we can guide you through the entire divorce and custody process, including post-judgment modifications and enforcement. We can also help you with a modification request even if we did not originally represent you.
Our Legal Services
There are several types of modifications clients seek. They include:
- Modification of child custody, residential placement, decision-making and parenting time
- Modification of child support
- Modification or termination of spousal maintenance
- Modification or vacating of a divorce settlement or Judgment
For more in-depth information on modifying child-related orders, please visit our page on modifying custody, parenting time and child support.
Seeking A Modification In Spousal Maintenance
Either party may request modification, including termination of maintenance, unless the order for maintenance is non modifiable and nonterminable. If the order is modifiable, the party seeking the change would need to assert that there has been a substantial change in circumstances sufficient to warrant a modification. Usually, these circumstances would be related to a change in income, health, financial need or a major change in one spouse’s circumstances such as remarriage or cohabitation, for example.
Divorce Settlements (Property Awards)
The window to modify an Order or Judgment is very small — just 30 days from the entry of the Judgment in many cases. Within that time, you may be able to request to vacate the judgment, modify the property award or seek a rehearing/reconsideration of the property award, or appeal the Judgment to the 2nd District Appellate Court.
After the 30-day window has closed, it is often considerably more difficult and sometimes legally impossible to obtain a modification. The party seeking the modification must present evidence that the original property award was obtained by fraud, concealment, coercion or mutual mistake. Needless to say, the burden of proof is exceptionally high.
Contact Us For A Free Initial Consultation
Gauthier Family Law is located in Vernon Hills. We are proud to offer free initial consultations to prospective clients in Lake County, McHenry County and surrounding areas. To discuss your case with a skilled lawyer, call us at 847-327-0898. You can also send us an email.