Can Anything Be Changed After a Divorce Decree is Final?

 Posted on October 15, 2025 in Post-Decree Matters

Once a judge signs the final divorce decree, most people hope to close that chapter and move forward. But, of course, life does not stop changing after a divorce. New jobs, health issues, remarriage, or moves out of state can make the original court decree hard to follow.

In Illinois, certain parts of a divorce decree can be changed after it becomes final, but others cannot. If you need to change a court order, first you need to know which parts of your decree are open to modification, and what steps you must take. Our knowledgeable Hillside, IL family lawyer can help you ask the court for changes that reflect your current situation.

Can Child Custody or Parenting Time Be Changed?

Child custody and visitation  — now officially known in Illinois as "parental responsibilities" and "parenting time" — can be changed if the court finds that doing so is in the child’s best interests. Under Illinois law, parents must show a "substantial change in circumstances" since the last custody order. Examples might include one parent’s relocation, a change in work hours, or concerns about a child’s safety or wellbeing.

Illinois courts prefer stability for children, so they will not make custody changes lightly. In most cases, you must wait two years after the original order, unless you can show that the child’s physical or emotional health is at risk.

Can Child Support Orders Be Modified?

Child support is one of the most common areas for post-divorce changes. The amount you pay or receive can be modified when there is a significant change in income or expenses. This might include losing a job, getting a raise, or facing new financial responsibilities, like medical costs or additional children.

Illinois uses income-based guidelines utilizing both parties’ incomes to calculate support, so if one parent’s income changes by at least 20 percent, it may be enough to justify a new order. The parent requesting the change must file a petition with the court, and provide financial documents proving that there has been a change in circumstances.

Until the court approves the modification, the payor must continue to pay the original amount. Failing to do so could result in penalties, or even a finding of contempt of court.

Can Spousal Support (Alimony) Be Changed?

Alimony, called spousal maintenance in Illinois, can sometimes be modified, but not always. Whether you can request a change depends on how the original court order was written.

If maintenance was labeled "reviewable", or "modifiable" in the divorce decree, either party can ask the court to change the amount or duration, if there has been a "substantial change in circumstances" - for example, the paying spouse might retire, or the receiving spouse might get a higher-paying job.

However, if the divorce decree orders "non-modifiable maintenance", the maintenance terms cannot be changed, no matter what happens later. The term "non-modifiable maintenance" is often used in negotiated settlements where both sides agree to final terms in exchange for certainty.

If you are unsure which type of maintenance your decree includes, an attorney can review it and explain your options.

Can Property Division Be Changed After Divorce?

In most cases, once the division of marital property is final, it cannot be changed. Illinois law treats property division as permanent to give both spouses closure and financial certainty.

The only exception is if one party can prove there was fraud, concealment, or a major mistake during the original proceedings. For example, if a spouse hid assets during the divorce, the court may reopen the case to correct an unfair division.

Contact an Oak Park, IL Divorce Modification Lawyer

Life changes after divorce. Your court orders may need to change with it. Whether you are dealing with new income, a relocation, or changes to your child’s schedule, we can help you update the terms of your divorce decree to fit your current circumstances.

Call 708-449-7404 today for a no-charge legal consultation with our Hillside, IL family law attorney. The Law Office of Vincent C. Machroli, P.C. always stands ready to help.