Tag Archives: child custody modification

IL family lawyerParents that get divorced or otherwise legally separated are still required by Illinois law to provide financial support to any children involved. When parents are no longer together, this usually requires a child support order, which is legally binding in the state. Parents that do not pay court-ordered child support may face certain legal consequences.

Still, there are instances when one parent may request a child support modification from the court on the original order. A judge will take a number of factors into consideration and then determine if there is a lawful reason for changing the support order. Even when one parent is not paying their fair share of child support, no one should ever take further action until they petition the court. If they do, they could face other legal consequences.

A Loss of Employment

If the recipient loses their job, they may not be able to financially provide for their child in the same manner as they once did until they find gainful employment. On the other hand, if the payer of child support loses their job, they may also be unable to pay the same amount of support that they once did. When either of these factors are present, either the payer or the recipient can petition the court to modify the original amount of child support.

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IL divorce lawyerMost people would like to know that once their divorce is finalized by the courts, it is truly over. However, that is not always the case and many spouses often want to modify court orders issued as a result of a divorce. Modifications are not granted easily by the courts. They will take a number of factors into consideration, such as the order an ex-spouse wants to be modified, and the reasons for changing it. If you have recently gotten a divorce and now wish to modify some portion of the divorce decree, below are some of the most important things to know when making changes.

Reasons for Post-Decree Modifications

Typically, only two changes in a person’s life allows them to modify court orders. These include a change in their financial situation or a change in their family situation. Common reasons for post-decree modifications include:

  • A party paying support suffers a disability and can no longer work as a result
  • A party receiving support has been promoted or has received a significant increase in their salary
  • A party has had a significant reduction in their earnings
  • One party has remarried or has had another child
  • The needs of a child receiving support have changed
  • The child has reached an age of maturity and wishes to live with the other parent
  • A parent wants to move to another state

Even when these scenarios occur, it is crucial that both parties comply with the original order before making any changes. If they fail to do so, they may be held in contempt of court.

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IL divorce lawyerEven after a divorce is finalized, the only constant that seems to remain is change. That is often the case when one spouse wants to relocate and they have child custody. Often, this is met with resistance from the other parent that is worried about how often they will see their child, and if they will be able to continue enjoying the relationship they have with that child. The law recognizes that even though one parent has been awarded custody, the other parent still has rights in this scenario. As such, there are things to know if you want to relocate with your child, or if your spouse wants to.

What Is Relocation?

When considering relocating with a child of divorce, it is important to understand what the legal term relocating means. This is not simply you or your spouse moving across town with the child. Under the law, relocating means:

  • For residents that live in Cook County, DuPage County, Kane County, Lake McHenry County, or Will County, relocating means moving to another residence within the state that is over 25 miles from the current residence of the child. The miles are designated according to an Internet mapping service.
  • For residents that live outside of the above counties, relocating means moving out of the child’s current county and over 50 miles from the child’s current residence, although the child will remain within the state of Illinois.
  • Moving to any residence outside the state of Illinois that is over 25 miles from the child’s current residence.

When this is the case and the parent that has been awarded custody wants to relocate, there are considerations both parents should be aware of.

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IL divorce lawyerAs a noncustodial parent, you, unfortunately, do not have much say, or any legal say at all, about your child’s education, day to day activities, healthcare, or living arrangement. The custodial parent with sole legal custody has legal authority to make all of these decisions without the noncustodial parent’s input. As such, many noncustodial parents feel hopeless when they hear that the other parent wants to move out of the county or state, or country, with their child in tow.

The Custodial Parent Must Petition the Court for Permission to Move

Child relocation must be authorized by an Illinois judge before the custodial parent is allowed to move out of the county, state, or country. Even if the other parent has no custodial rights, the parent wishing to move must go to court to get permission before they move with their child. Without doing so, they could be charged with parental kidnapping and lose their custodial rights altogether.

What Is in the Child’s Best Interests?

Children raised by single mothers are more likely than children raised by both parents to:

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IL family lawyerSevere injuries and serious illnesses are an unfortunate reality of life that many families must deal with. After all, the lifetime risk of developing cancer is one in there. The odds of dying in a car crash are one in 114, meaning that the odds of being seriously injured in a traffic collision are much greater than that. Hospitalization or a serious, chronic injury or illness may limit a custodial parent’s ability to care for their child. Or, the injury or illness may simply be used against them by the noncustodial parent as a means to receive custody. Whether you are the custodial or noncustodial parent, an attorney can represent your and your child’s best interests.

Difficulties a Sick or Injured Parent May Face While Caring for Their Child

Being a single custodial parent is tough enough as it is. Add to that the complications of being sick or injured, a lengthy hospital stay, and potentially an inability to work, and the outcome can be disastrous. The following are a few examples of hurdles that a hospitalized custodial parent may have to navigate in order to care for their child:

  • Financial Difficulties With Medical Bills: Even parents with insurance are at risk of going bankrupt after a serious illness. A sick or injured parent can petition the court for an alimony or child support modification in the event of a serious injury or illness, however. This added financial boost, if it is awarded, can help cover the gap.
  • Taking Time Off Work: Missing work only adds to the financial stress of the situation.
  • Physical Limitations to Care for The Child: Due to a compromised immune system due to cancer, a broken hip (for example), or general loss of immobility and strength, a custodial parent may not have the physical strength necessary to drive their child to appointments, pick up their toddler, or feed and clothe their child.
  • Medical Appointments: Frequent doctor’s visits, dialysis, radiation therapy or chemotherapy treatments, and other medical appointments may get in the way of the custodial parent’s normal schedule.

Call a Hinsdale Child Custody Attorney Today

As a noncustodial parent, you have the option of filing an emergency transfer of custody if the custodial parent suddenly falls sick or injured. As a custodial parent, you may have to fight to hold onto your current custodial rights. The skilled DuPage County child custody attorneys at the Law Offices of Martoccio & Martoccio can help. Call us at 630-920-8855 today to schedule a free consultation.

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