Getting a divorce puts your emotions in different places, making you overlook some important things. Sometimes even if the divorces are amicable, you still might not be satisfied with your child support arrangement.
Going through with the adjustment is not straightforward and requires the assistance of a good divorce attorney to achieve the settlement that you desire. If you feel like your current child support is insufficient or the custody arrangement is not working, this post is for you.
Altering child custody in the state of Illinois
Illinois has a 2-year restriction before you can make any alteration to a signed child custody agreement. This means that if a few months after the arrangement, everything is not going well, you will need to wait two years before you can contest it.
However, the court doesn’t just grant access to modify the agreement not unless your attorney can prove that it is necessary for the benefit of the child. Seeking modifications can become complicated when one of the parties involved disagrees. In most cases, the request for adjustment is granted for concern for the child’s safety and stability.
Changes that can have an impact on modifying a custody arrangement
During the two-year wait, if you notice changes in the child/children’s life that can affect your case, it is important to note them. An experienced defense attorney will help you keep tabs and find ways to turn them into evidence to support your claim when it’s time to file for the alteration. So what are the changes to look out for? They include new school placement, living situation, job location, and stability.
For example, if your financial situation was one of the deciding factors in setting the original arrangement, you can file for change if you are more financially stable. When you have evidence to back that there is a significant change and both parties agree, the judge grants the alteration request.
What happens when one party disagrees with the changes
If one of the involved parties disagrees that the judge should allot either more money or hours in favor of the other party, a case is then presented in front of the judge. This is where your attorney will work to get a ruling in your favor.
Your legal counsel should be able to prove to the court that the current arrangement is affecting the child physically, mentally, or otherwise to achieve the changes you seek. With an experienced lawyer on your side, getting such proof is less tasking for you.
Asides from getting the proof, there is also needed to make valid arguments to counter that of the other party. Regardless of all these claims, a judge considers the child’s best interests before signing for changes.
However, if the child/children are harmed, there will be no need to prolong the case. It will be considered an emergency, where the judge grants an immediate modification request. If you feel you have a shot at modifying your child custody/support arrangement, contact us today; let’s get started.