When can I seek modification of prior court orders and are there issues that cannot be modified?
In Illinois, you can seek modification of a prior order or judgment in a divorce case under several specific circumstances, primarily concerning issues like child support, spousal support (alimony), and child custody (allocation of parental responsibilities). Although there are some exceptions, property division orders cannot usually be modified. In Illinois, modifying a prior court order seeking to relocate with a child involves specific legal requirements and procedures, especially if the move affects the current custody arrangement.
Legal Process for Modifications
- Filing a Petition: You must file a petition in the same court that issued the original order. The petition should clearly state the substantial changes in circumstances that justify the modification.
- Giving Notice of the Petition: The other party must be given proper notice of the petition seeking modification and given an opportunity to respond.
- Court Hearing: A hearing will be scheduled where both parties can present evidence and arguments. The judge will evaluate the changes in circumstances and decide whether the modification is warranted.
Specific Legal Standards
- Substantial Change in Circumstances: The key standard for most modifications is demonstrating a "substantial change in circumstances." This means changes that are significant enough to alter the fairness or applicability of the original order.
- Best Interests of the Child: For modifications related to child custody or support, the primary consideration is always the best interests of the child.
Definition and Requirements for Relocation:
Relocation in Illinois is defined under the Illinois Marriage and Dissolution of Marriage Act (IMDMA) as follows:
- A move of more than 25 miles from the child's current primary residence in Cook, DuPage, Kane, Lake, McHenry, or Will counties.
- A move of more than 50 miles from the child's current primary residence in any other Illinois county.
- A move of more than 25 miles from the child's current primary residence to a location outside of Illinois.
Before relocating, the parent who has primary physical custody (residential parent) must provide written notice to the other parent and the court. This notice must include:
- The intended date of relocation.
- The address of the new residence, if known.
- The length of time the relocation will last, if not permanent.
- The notice must be given at least 60 days before the intended relocation, unless such notice is impracticable.
- If 60 days' notice is not possible, the relocating parent must give notice as soon as practicable.
- If the other party agrees: If the non-relocating parent agrees to the move, both parents can sign the notice, and it must be filed with the court. The court will generally approve the relocation without further hearing.
- If the other party objects: If the non-relocating parent objects to the move, the relocating parent must file a petition seeking court approval for the relocation.
Modification of prior court orders often involves complex legal issues and standards. The issue of relocation, which is a modification of a prior parenting order, differs from other types of modification but all require seeking court intervention. Denise M. Kuzniewski is experienced and willing to help you in your efforts to address modifying your family law orders should the need arise.
Contact The Law Office of Denise M. Kuzniewski in McHenry, IL Today
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