Chicago Illinois Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support

• Category: Family Law - Divorce - Child Support - Modifications
• State: Multi-State
• City: Chicago
• Control #: US-00799BG
• Format: Word; Rich Text

Description

A decree for child support is res judicata only as long as the circumstances remain the same as when the court rendered the decree. The doctrine of res judicata is based on the concept that parties should not call upon a court to adjudicate twice the same set of facts. Therefore, a party generally cannot base a petition to modify an order for child support on the same set of facts that existed when the original order was made. To justify a modification of a child support order, a court must find that there has been a change in the material circumstances of the parties or the children since the time of the original order. The burden of proving a change of circumstances is on the party seeking the modification. Chicago Illinois Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support is a legal process available to parties who wish to request a reduction in the amount of child support payments outlined in their divorce decree. It is important to note that each case is unique, and the specific circumstances of the request may vary. However, the following types of motions to modify or amend a divorce decree for a decrease in child support may be applicable in Chicago, Illinois: 1. Change in Financial Circumstances Motion: This type of motion is filed when one or both parents experience a significant change in their financial circumstances, such as a job loss, reduction in income, or an increase in financial responsibilities. 2. Modification due to Change in Custodial Arrangements: If there is a change in the child's living arrangements or custody arrangement, a motion to modify child support may be filed. This may occur when one parent gains primary custody, or there is a substantial change in the amount of time the child spends with each parent. 3. Modification due to Child's Needs: In some cases, a motion to modify child support might be filed if there is a change in the child's needs, such as medical expenses or educational requirements that were not anticipated at the time of the original divorce decree. 4. Modification due to Emancipation of a Child: If a child has reached the age of emancipation, typically 18 years old in Illinois unless specific circumstances apply, a motion to amend child support may be filed to reflect this change in dependency status. When seeking a motion to modify or amend a divorce decree for a decrease in child support in Chicago, Illinois, it is crucial to consult with an experienced family law attorney. They can provide guidance on the specific procedure and requirements for these types of motions, ensuring the best possible outcome for all parties involved.

Chicago Illinois Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support is a legal process available to parties who wish to request a reduction in the amount of child support payments outlined in their divorce decree. It is important to note that each case is unique, and the specific circumstances of the request may vary. However, the following types of motions to modify or amend a divorce decree for a decrease in child support may be applicable in Chicago, Illinois: 1. Change in Financial Circumstances Motion: This type of motion is filed when one or both parents experience a significant change in their financial circumstances, such as a job loss, reduction in income, or an increase in financial responsibilities. 2. Modification due to Change in Custodial Arrangements: If there is a change in the child's living arrangements or custody arrangement, a motion to modify child support may be filed. This may occur when one parent gains primary custody, or there is a substantial change in the amount of time the child spends with each parent. 3. Modification due to Child's Needs: In some cases, a motion to modify child support might be filed if there is a change in the child's needs, such as medical expenses or educational requirements that were not anticipated at the time of the original divorce decree. 4. Modification due to Emancipation of a Child: If a child has reached the age of emancipation, typically 18 years old in Illinois unless specific circumstances apply, a motion to amend child support may be filed to reflect this change in dependency status. When seeking a motion to modify or amend a divorce decree for a decrease in child support in Chicago, Illinois, it is crucial to consult with an experienced family law attorney. They can provide guidance on the specific procedure and requirements for these types of motions, ensuring the best possible outcome for all parties involved.