Your Family Matters

When can you request a post-divorce modification or appeal?

On Behalf of | May 31, 2018 | family law

As someone who is getting a divorce in Illinois, it’s important to know what you can or can’t change after your divorce has been made final. Fortunately, there are still some adjustments you may be able to make no matter what stage in the divorce process you’re at.

FindLaw states that motions for post-divorce modifications and appeals are something that one or even both spouses can make. Approval of divorce modifications are still up to the court, however. You essentially return to the court to request for a modification, which can be made for whatever reason. In many cases, requests for modifications stem from issues relating to your child custody situation. If circumstances change drastically enough, a parent that was awarded primary custody may no longer be suitable in the eyes of you or the court. Examples include spouses who are no longer available for parenting due to conviction of criminal charges and jail sentencing.

Temporary modification of child support payment schedules are also common. These changes can be made for any reason that relates to the income of the supporting parent. For example, if you got into an accident and lost income, if you were fired recently, or even if you started a new family and now have two to support.

Appeals, on the other hand, involve going to a higher court than the one you got your ruling at to try to get their ruling overturned. Though it is rare for a higher court to disagree and overturn the lower court’s decision, it’s still a possible option to consider.