I don't like the terms of my divorce judgment. I made a bad deal. Can I get it changed?

No, not because you don't like it. Of course by agreement with your former spouse, preferably in writing, virtually any change can be made, as long as the change does not adversely affect the children. 


Are there parts of the divorce judgment that cannot be changed?

Yes. The divorce judgment can be divided in two parts: The property distribution, which is not modifiable, and the rest of the judgment (child custody, child support, visitation and maintenance) which are modifiable. The property distribution, which is non-modifiable, would include disposition of the house, pension plans, cars etc.  
  
 
What is the basis upon which I would be allowed to have my divorce judgment modified?

A showing of a "substantial change of circumstances." The position of the law is that the divorce judgement, whether it was entered by a settlement agreement, or as a result of a trial, is final. The law says that the judge made the determinations in the divorce judgment based on the facts in existence at the time the judgment was entered, so the party seeking to change the terms of the judgment must show that there has been a substantial change of circumstances since the entry of the judgment.
 
 
Can child support be increased if the child support obligor has had a significant increase in income? 

Yes, as long as the needs of the children have also increased. The law does not state specifically what a “substantial increase” in income is.
 
 
How can I find out whether the child support obligor is making substantially more money?

First, you must file a petition in court alleging you are informed and believe that the child support obligor is making substantially more money now. Once you are in court, you are entitled to discover through a demand for tax returns, pay-check stubs, or subpoenaing the employer, how much he earns. In the first instance, however, the clues are if the obligor's lifestyle indicates an increased income. 
  
 
What happens if I don't pay my court ordered child support? 

Your ex-spouse has several remedies. You could be held in contempt and punished for contempt by being jailed. The court often does not send you straight to jail, but instead gives you time to purge yourself of the contempt by payment. Sometimes, however, the court will send you straight to jail, but with a provision that you may gain your release by making payment in an amount the judge believes you are capable of making. 
    
    
Can my arrearage in child support be collected out of my assets? 

Yes. The child's custodian is entitled to obtain a judgment against you, the same as any creditor. The judgment can be enforced against real estate and any other asset you own, such as a car, bank accounts, stock etc. Your wages and bank accounts are also subject to garnishment for any child support arrearage judgment. 
    
    
Is my driver's license in jeopardy if I have a support arrearage? 

Yes. Not only a driver's license, but also professional licensing, can be suspended on account of an arrearage in child support. 
    
    
Can I just move to another state to avoid paying my child support? 

No. Most states have adopted either the Uniform Reciprocal Enforcement of Support Act or the Uniform Interstate Family Support Act to allow one state to enforce and collect on the support orders of another state. If you move, they will find you. Also, if you leave the state to evade payment obligations, you can be charged with a Class A misdemeanor. 
    
    
Can child support and maintenance payments be reduced?

Yes. On the same basis that child support and maintenance may be increased, that is, upon a showing of a substantial change of circumstances, but a reduction in income must not be merely voluntary. 
 
 
Do the same rules (substantial increase or decrease in income) apply to maintenance?

Yes, but the law allows a marital settlement agreement to state that maintenance is not modifiable. 
  
  
If I can prove that it would now be in the best interest of my children for the judge to transfer custody to me will the judge do so?

No, not based on what is in the best interest of the child. The best interest of the child is the standard by which the court awards an original grant of custody. But for a modification ( transfer ) of custody, as in child support modification, you must first prove a change occurred in the circumstances of the child , or the custodian and that those changes have had an adverse effect on the child, plus thereafter proving that it would be in the best interest of the child to transfer custody. In addition, during the first two years after the divorce judgment is entered, you must establish that the "child's present environment may endanger seriously his physical, mental, emotional health." This is very difficult to establish. 
  
 
I agreed my husband could have custody, but now my circumstances have greatly improved so that it would be in the best interest of my child to be in my custody. Will I win?

The Olson Law Firm, LLC has been involved in many cases where a young parent gives up custody because she does not want the responsibility of raising the child. Some years later, she becomes more mature, and typically has made an economically fortunate marriage, and she is now ready for parenthood. The modification of child custody statute is, however, specific in stating that the required change of circumstances must be on the part of the child or the parent having custody, that is, a change of circumstance on the part of the non-custodial parent will not bring about a change of custody.


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          The Olson Law Firm, LLC
          312-629-9900
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