While some folks may believe that a divorce decree is a permanent and unchangeable legal document, there are actually many common circumstances that may call for modification of the decree. After all, life is rarely static, and you may experience a variety of life events and circumstances that might render your divorce decree unreasonable, invalid, or otherwise unfeasible. 

Typical Reasons to Change Spousal Support or Child Support

In the years following a divorce, myriad circumstances may change for one or both parties that would require post-decree modifications. This is quite common with spousal support and child support. Some common situations in which support may need to be adjusted after a divorce include:

• An increase or reduction in income for either party;
• Loss of employment;
• Disability; and,
• Health expenses from a major medical illness.

If either ex-spouse is faced with any of these situations, or if children experience issues which affect their ongoing needs, a post-decree modification may be necessary to adjust the amount of money one ex-spouse must pay to the other.

Children deserve to receive financial support from both of their parents, whether a mother and father are married, unmarried, or divorced. In order to help unmarried or divorced parents share the costs of raising a child, a court may order one parent to make child support payments to the other. In Illinois, child support is calculated using the “Income Shares” method, which takes both parents’ financial circumstances into consideration. If a parent fails to fulfill his or her child support obligations, he or she can face serious civil and even criminal consequences. Child support orders may be modified later if one of the parents experiences a “substantial change in circumstances” that necessitates the change.

The “Income Shares” Model for Calculating Child Support

Before major changes were made to the Illinois Marriage and Dissolution of Marriage Act (IMDMA) in 2017, child support was determined using a simple percentage of the paying parent’s income. For example, if a parent had two children with an ex-spouse, he or she would pay a monthly child support payment that was 28 percent of his or her monthly take-home income. Currently, however, Illinois uses a different model to calculate child support. This calculation method takes both parents’ net incomes, as well as the amount of parenting time each parent has, into consideration in order to arrive at an amount that is fair and reasonable. 

To calculate the amount of child support payments, each parent’s net income is established by taking their gross income and subtracting certain deductions, such as taxes, health insurance premiums, mandatory retirement contributions, and previous child support or spousal support obligations. Next, the total amount of money needed to support the child is determined based on the amount parents who earn that combined income would typically spend to support the number of children they share. Finally, this cost is split proportionally between the parents based on their net incomes. The parent who has the majority of parenting time will typically be the recipient of child support, and the other parent will be the payor.

Going into a new year, many people often try to set goals in order to improve their everyday lives. These resolutions may range from promises to eat healthier to working towards a better career, and there are limitless possibilities for self-improvement. If you are trying to move past a divorce, there are several goals that you can put into place to help make this task easier to achieve. While beginning a new year alone can be difficult, there are a number of positive steps you can take that can help you build a successful life after your marriage has ended.

Act Appropriately Towards Your Ex

Following your divorce, you and your ex-spouse may still have to communicate with each other on a regular basis. Whether it is due to child custody, child support, or different post-decree matters, a variety of situations may arise that will require the two of you to cross paths and interact. By treating your ex with respect and kindness when possible, you can avoid a toxic relationship and reduce stress in your life.

If, however, your ex chooses to act in a way that increases conflict, it is highly recommended to remove yourself from the situation and seek help. Utilizing a support system that includes friends, family members, and a therapist or other trained professionals can provide you with a safe space where you can express your thoughts and feelings. You may also need to seek out legal help if you need to obtain a restraining order to protect your safety, or to possibly modify or enforce the terms of your divorce decree.

 Step-children and their step-parents have unique relationships. Sometimes, step-parents can have a role similar to the child’s biological parents, while other times, step-parents and step-children may simply co-exist in the same household. This relationship can evolve over time, especially for children whose biological parent has passed away, or who still have a relationship with both of their biological parents. For step-parents who have a close relationship with their step-children, it may be beneficial to officially adopt their child. While doing this may not be the choice of every step-parent, some do choose to legally recognize the relationship with their step-child, with the help of an adoption attorney.

·         Legal Parentage - One of a parent’s biggest concerns is ensuring that their child will be cared for if anything ever happens to them. Adoption can ensure that a child has another parent who will retain custody of the child if one parent dies. This can be beneficial for those who have lost a spouse, or for children who do not have two responsible biological parents. By adopting your step-child, you can ensure that the child has two legal parents who are able to care for them if a life-threatening emergency ever occurs.

Parentage (which is also known as paternity) is the legal relationship between a parent and his or her child. If a couple was married or in a civil union when their child was born or within 300 days before the birth, the mother’s spouse is presumed to be the father. However, if the mother and father were not married or in a civil union, paternity must be legally established. Naming a child’s legal parents is important, because it ensures that both parents have a right to participate in the allocation of parental responsibilities, and it allows the child to receive the necessary child support. For fathers who are trying to protect their parental rights or mothers who wish to confirm the parentage of their child, it is important to speak to an experienced family law attorney.       

Voluntary Acknowledgement of Paternity

If there is a mutual agreement between two parties about who the father is, a Voluntary Acknowledgement of Paternity (VAP) can be completed, signed, and filed with the Illinois Department of Healthcare and Family Services (DHFS). This will allow the father's name to be added to the child's birth certificate. A VAP can be completed at any time after the child is born, and the signing must be witnessed by a person who is 18 years or older who is not named on the document.