The rules to modify the original order depends on what is being changed.
Child Support. Decrease. Child support can be decreased if the payor's wages are decreased through no fault of the payor. This would mean that the payor was laid off, took a new job that had better pay potential, or was injured such that the payor's job was lost. The deceased child support would be set according to the statutory guideline.
Child Support. Increase. Child support can be increased if either a change in circumstances occurs or two years has passed since the child support was set. Illinois law requires an increase in the child support payment by 20% for the increase to occur. If the payor receives a promotion or obtains a different employment, the increase may meet the 20% requirement. An attorney can give additional insight into ascertaining the earnings of the payor. The new child support amount would be set in accordance to statutory guidelines.
Visitation. Many times a visitation schedule hammered out during a divorce will not be in the best interest of the child/children either immediately or years down the road.
Custody. Within two years. Section 610 of the Illinois Marriage and Dissolution of Marriage Act denies custody changes made earlier than two years unless the court permits it to be made on the basis of affidavits that there is reason to believe the child's present environment may endanger seriously his physical, mental, moral or emotional health. The exception to this rule is when the custodial parent has a relationship with a registered sex offender.
Custody. After two years. Section 610 of the Illinois Marriage and Dissolution of Marriage Act requires clear and convincing evidence of a change in circumstances such that it is in the best interest of the child that custody be modified.
ENFORCEMENT OF THE DIVORCE ORDERS
The orders entered in a divorce can be enforced through the Court if a party fails to follow the order. Example of such orders are the Judgment of Dissolution of Marriage, the Marital Settlement Agreement, and the Joint Parenting Agreement. When a party has failed to abide by an order, the Court can find that party to be in contempt. The exact title of the document and the exact procedure to enforce the divorce orders depend on the local rules of the judicial circuit in which the contempt document is brought.
CONTEMPT. The Court has the power to hold a person either indirect civil contempt or criminal contempt.
Civil Contempt. When a person is found in civil contempt and sanctions are imposed that person may "purge" him/herself of the contempt by complying with the order of the Court. If the person is sentence to a term of jail that person can be released from jail by complying with the order. With this type of contempt, the person held in contempt "holds to keys to the jail cell" so to speak as he/she can avoid jail by complying with the order or be released by complying with the order.
Criminal Contempt. When a person is found to be in criminal contempt, this person is immediately taken to jail and is released at the discretion of the judge. A judge could impose a sentence without a bond requiring the person to serve the sentence unless the judge reduces the sentence.
PAYMENT OF ATTORNEY'S FEES. Section 508(b) of the Illinois Marriage and Dissolution of Marriage Act governs the payment of attorney's fees by a party that is found to be in contempt. The decision to require the party in contempt to pay attorney's fees is ultimately within the discretion of the presiding judge.