Divorced parents will usually share custody of their children, and when doing so, they will follow the parenting plan that was included as part of their divorce decree or judgment. This document will address the allocation of parental responsibilities (commonly known as “legal custody”), and it will include schedules for parenting time (also referred to as “physical custody” or “visitation”). A parenting plan will provide a framework for how parents will work together to raise their children. Because parents’ and children’s lives may change in the years following a divorce or breakup, modifications to child custody arrangements may be needed. Parents should be sure to understand when these types of changes may be made and the steps they will need to take to do so.

Modifying a Parenting Plan Because of Changed Circumstances

Illinois law states that changes to the allocation of parental responsibilities cannot be made within the first two years following the issuance of a divorce decree or child custody order, although exceptions may be made if the court determines that a child would be at risk of physical or emotional harm in their present environment. Parenting time, on the other hand, can be modified at any time, either by an agreement between the parents or because of a “significant change in circumstances.” After the first two years, legal custody modifications may also be made based on changed circumstances.

Significant changes in circumstances may include any issues that affect either the parents or the children and require changes to how parents make decisions about the children or adjustments to the time the children spend in each parent’s care. For example, one parent may begin a new job that will require them to work during their scheduled parenting time, and they may ask that the schedule be changed to ensure that they can continue to spend the same amount of time with their children. Legal custody may be modified if children experience changes that affect the parents’ ability to make decisions. For instance, a child may experience a serious illness or health condition, and the parent who primarily provides care to the child may ask for the sole authority to make the necessary decisions about the medical care the child will receive.

There are many different important decisions made during a divorce, and in many cases, one or both parties may be unhappy with the final divorce decree or judgment. Fortunately, these decisions are not necessarily “set in stone.” If things have changed in your life or your former partner’s situation, or if you need to make adjustments to better meet your children’s needs, you may be able to pursue a post-divorce modification. However, you should be sure to understand what can and cannot be changed and the procedures that you will need to follow when doing so.

Allowed Modifications to a Divorce Order

While there are some parts of your divorce agreement or judgment that may be changed, one issue that cannot be updated after divorce is the division of marital property. Even if you believe that this division was unfair or did not take certain factors into account, you will be unable to reopen that issue and change the decisions that were made.

Other decisions, however, may be modified, but to do so, you will need to show that you, your ex-spouse, or your children have experienced or will experience a “substantial change in circumstances.” These changes could include the loss of a job or a promotion or demotion that has affected one party’s income, or it could involve significant changes in a person’s needs or abilities, such as a medical condition that would cause a parent to be unable to provide care for children. It may be possible to seek a modification of the following issues:

As another year nears its end, many people will take stock of their current lives and what they want to change. A divorced parent may resolve that they want a greater role in their children’s lives, whether it is through parenting time or decision-making. Illinois allows modifications to the allocation of parental responsibilities under certain circumstances. If your situation qualifies, you will have a chance to change your parenting order or agreement, as long as that change is in the best interest of your children.

Decision-Making

A parent’s decision-making power is their authority to make choices about their children, such as how to raise the children and whether to allow medical treatment. WIth divorced parents, one parent may have sole authority to make decisions or both parents may need to approve major decisions. Illinois allows a parent to petition to modify their decision-making power after two years have passed since the court approved the order or agreement. The petitioning parent must prove why changing their decision-making responsibility is in the best interest of the children. The court may modify the order or agreement without waiting two years if it believes that the current arrangement is threatening the children’s well-being or impairing their development.

Parenting Time

Parenting time is the amount of time that the children spend with each parent, usually outlined in a schedule. A parent may immediately petition to modify their division of parenting time or their parenting time schedule if they can prove a significant change of circumstances, which may include:

Spousal maintenance payments established in a divorce agreement are terminated if the recipient party remarries. There is no argument that the remarried party has a new source of income and no longer needs their former spouse to pay for their living expenses. A court may also terminate maintenance if the recipient is in a de facto marriage, meaning that the couple is not legally married but behaves as if they are. The spousal maintenance payor is responsible for proving that a de facto marriage exists and that maintenance payments are no longer appropriate.

Proving a De Facto Marriage

There is a difference between an intimate relationship and a de facto marriage. Illinois courts look for several signs that a relationship is behaving like a marriage, such as a couple:

• Living together;
• Having a long-standing relationship;
• Sharing financial accounts and expenses;
• Spending holidays and vacations together; and
• Acting like co-parents to the children.

A court will need proof of several factors in order to conclude that a de facto marriage exists. Cohabitation is important evidence but may not be enough on its own.

Absent any language stating otherwise, the terms of a spousal maintenance agreement are modifiable when either party has a significant change of circumstances. Examples include a change in:

• Employment status;
• Income;
• Marital status;
• Tax implications of the agreement; or
• The value of properties awarded after divorce.

An Illinois court will award modifiable spousal maintenance if the spouses cannot agree to terms during the divorce negotiations. However, divorcing couples can present other forms of maintenance agreements that have different conditions for when the agreement may be modified.

Reviewable Maintenance