When Modifications to a Divorce Decree Become Necessary

 Posted on January 28, 2026 in Modification & Removal

After your divorce finalizes, life continues to change. Your income might change, your children develop new needs, or something unexpected comes up that makes your previous divorce settlement not work. The same is true of your ex-spouse.

Illinois law provides options for modifying divorce decrees when this happens. If you believe your divorce order needs updating in 2026, a Geneva, IL divorce attorney can guide you through the process.

When Can You Request a Modification to Your Divorce Decree?

Under 750 ILCS 5/510, you can request changes whenever there has been a "substantial change in circumstances." You can also request a standard review every three years .

Parts of your divorce that can be changed include child custody, parental responsibilities, parenting time schedules, child support payments, and spousal maintenance. Property division is usually permanent unless you prove your spouse didn’t fully disclose assets.

What Qualifies as a Substantial Change in Circumstances?

"A substantial change in circumstances" means major changes that affect the fairness of your current divorce order. Illinois courts look for changes that are real and lasting.

Common examples include:

• Job loss or income reduction

• Big raises or new, higher-paying jobs

• A new disability or serious illness for you or your child

• Incarceration

• Remarriage 

• Changes in family size requiring support for more children

• Relocation to a more expensive area

• Development of drug or alcohol problems

How Are Child Support Modifications Handled in Illinois?

Child support modifications can go through two avenues:

Administrative Reviews

These are handled by the Illinois Department of Health and Family Services, Division of Child Support Services. They are the "standard reviews" and work well for straightforward cases, like when there is an income change.

Court Modifications

These are for more complex situations that need court intervention. An example would be parents who are fighting over custody after their divorce is final. 

An attorney can tell you which of these methods is best for changes to your own divorce decree.

Modifications by Agreement Versus Court-Ordered Modifications

"Modifications by agreement" are changes to your divorce decree that you and your ex decide on together. You can come up with the modifications you want and submit them to the court for approval. These sorts of changes do well in administrative reviews. An attorney can help make sure your agreement meets the Illinois Child Support Guidelines.

If you and your ex-spouse cannot agree and need court-ordered changes, you must file a motion with the court. The court will look at your case and decide what changes will happen. The process involves providing evidence and attending hearings before getting the judge's decision.

If there is an emergency involving immediate safety concerns, the court needs to know right away so it can give you emergency orders.

What About Illinois Spousal Maintenance Modifications?

Modifying spousal maintenance orders can be more difficult than child support modifications. You may try for modifications when:

• The paying spouse experiences a major income decrease.

• The receiving spouse has a large income increase.

• The receiving spouse remarries or cohabitates.

• Tax law changes affect the financial impact.

Good Faith and Divorce Decree Modification Requests

Illinois courts pay close attention to whether parties act in "good faith." This means making real efforts to meet obligations and not trying to avoid responsibilities.

For example, if you lost your job due to layoffs and are actively looking for work, the court will take your request to modify child support payments seriously. If you voluntarily quit or were fired for misconduct and are not making an effort to find new work, your request may be denied.

The court looks at whether you purposefully took a lower-paying job or are hiding income to decide if you are being dishonest or really need a modification.

What Happens After You File for a Modification?

Once someone files for a modification, the court notifies both parties. Both parties must provide financial documentation supporting or opposing the request. If you oppose the modifications, you can present evidence showing the change is temporary, there is no substantial change in circumstances, or your ex is not acting in good faith. Within 30 days, the court will send a letter saying if the case qualifies for review.

After your case has been reviewed, the court will issue a written decision saying whether payments increase, decrease, or remain the same. If you disagree, Illinois law has appeal options. Act right away as strict time limits apply.

Call a Kane County, IL Divorce Lawyer Today

Whether you need to modify child support, spousal maintenance, or parenting arrangements, a Geneva divorce decree modification lawyer can help you with the process.

The Law Offices of Douglas B. Warlick & Associates is a boutique law firm that provides highly personalized service with frequent communication throughout your case. Our lawyers are trained in collaborative law, and we are willing to go to court when necessary to protect your rights. Contact us today at 630-232-9700 for a free consultation with a knowledgeable family law attorney.