When the judgment no longer fits the life you’re living
Divorce & Custody Modification Lawyers in Chicago, IL
A modification is not a new case. It is proof the old order stopped working.
Chicago · Cook County · All of Illinois
I.The Matter
A judgment of dissolution is written for the life the parties were living at the time, and that life rarely holds still. A job is lost or transformed, a parent remarries, a child gets older, an income changes by more than a formula anticipated. Illinois lets custody, support, and maintenance orders adapt to that, but only on the right showing, filed the right way. Arami Law represents parents and payors on both sides of a modification.
The Substantial Change Standard
Most modifications under 750 ILCS 5/510 require proof of a substantial change in circumstances since the last order, not simply that a different outcome would now be fairer. Courts distinguish a real, material shift in income, health, or family structure from a temporary dip or a change either party could have anticipated. Whether the standard is met is usually the whole fight, and it is won or lost on documentation, not argument.
Modifying Parenting Time and Decision-Making
Modifying significant decision-making authority within two years of the last judgment requires a showing that the child’s present environment seriously endangers them, or the agreement of both parents, under 750 ILCS 5/610.5. After two years, the standard relaxes to a substantial change in circumstances judged against the child’s best interests. Parenting time schedules, as opposed to decision-making authority, are reviewed under a more flexible standard, which is why we look closely at what is actually being asked for before deciding how to frame a petition.
Modifying Child Support
Child support can be modified on the general substantial-change standard, or, separately, where three years have passed since the last order and applying current guidelines would change the obligation by 20 percent or more, without an additional showing under 750 ILCS 5/510(a-5). Job changes, a new child from another relationship, and a parenting-time shift that crosses the shared-care threshold are the most common triggers we see on either side of this.
Modifying or Terminating Maintenance
Maintenance can be modified or terminated on a substantial change in circumstances, and it terminates automatically on the recipient’s remarriage or on cohabitation with another person on a resident, continuing conjugal basis under 750 ILCS 5/510(c). That second ground is fact-intensive and frequently litigated, since it turns on the nature of the relationship, not simply whether the recipient has a partner.
When Modification Isn’t the Right Tool
A parent who isn’t following the existing order needs an enforcement petition, not a modification, and pursuing the wrong remedy wastes time the other side is happy to see wasted. A parent proposing to move with a child is governed by Illinois’ separate relocation statute, not the modification standard, even though the practical effect on parenting time can look similar. Sorting out which statute actually applies is the first thing we do, before a single document is filed.
Legally reviewed byKourosh Arami, Esq.Founding Attorney · Chicago-Kent College of Law · 21 years of Illinois family law practiceUpdated 2026-07-29Editorial Policy
Retained by
- Parents seeking more parenting time after a substantial change
- Payors seeking support or maintenance relief after a job loss
- Recipients pursuing modification after a former spouse’s income grew
- Parents responding to a former spouse’s remarriage or cohabitation
Arami Law serves clients across Chicago, Cook County, and the collar counties, including the North Shore communities of Winnetka, Wilmette, Glencoe, Kenilworth, Evanston, and Lake Forest.
II.The Approach
Prepared as if it will be tried.
Diagnose the change
Not every hardship or shift clears the substantial-change bar. We assess the record honestly before filing anything.
Build the record
Income documentation, parenting logs, and a clear timeline of what changed and when, assembled before the petition is filed.
File and negotiate
Many modifications resolve by agreement once both sides see the documentation. We negotiate from a position the other side has to take seriously.
Litigate if needed
Where agreement isn’t possible, we prepare the petition to be tried, not just filed, from the outset.
III.Questions
Modifications in Illinois, answered.
IV.The Inquiry
Submit your matter for confidential review.
The firm accepts a limited number of matters each year. Kourosh personally reviews every inquiry, in confidence.
Prefer to speak directly? (312) 212-1399
Serving Chicago, Cook County, and all of Illinois.
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