While 2024 did not see any significant changes to the laws governing divorce and parentage cases in Illinois, it is always important to check whether your parenting agreement is suitable for your family. Alternatively, consider if it is time for modifications. As children grow older, parents may discover that their parenting agreements need adjustments to reflect the changing circumstances in their households. Likewise, changes in the parents’ lives may require modifications to agreements or child support. Here are considerations and a few powerful tips for divorced parents considering modifications to their parenting arrangement.
Need for Modifications as Families Evolve
Changing Parenting Time Needs
Many parents find that over the years the division of parenting time can become outdated and no longer reflects the best interests of their children. For example, parents often craft parenting schedules with frequent parenting exchanges to ensure that the children are never away from their parents for more than a couple of days. As the children get older, the families may find such frequent exchanges are no longer necessary. Older children are better able to handle time away from one parent. The children may also find frequent exchanges during the school week disruptive and prefer longer uninterrupted periods with each parent. Likewise, parents often find that less frequent exchanges can simplify things for parents. This is especially true when the kids have increasingly busy activity schedules and social lives.
Formalizing Informal Modifications
Similarly, some parents seek to formalize the informal agreed-to modifications in their parenting time schedules. This comes up often when children grow older and express that they want to be able to spend more time with a parent than the parents originally agreed to. This situation can also arise if one parent clashes with an older child, usually a teenager, and the parents agree for the child to move in with the other parent.
Considering Children’s Needs
When considering possible updates and modifications, parents must account for their children’s schedules, needs, and preferences—in addition to their best interests. As children get older, they should have a greater say in their living situation and the time they spend with their parents and siblings. Kids’ changing social lives, extracurricular activities, and school schedules must also be taken into account when considering modifications to the parenting time schedule. Overall, parents need to show thoughtfulness and flexibility as their children age and ensure that the kids have time to be kids and enjoy childhood events, as part of the parenting arrangement. It is important to always be proactive and communicate with the other parent for the best well-being of the children.
Impact on Child Support
In a situation where one, or both, parents seek to modify their parenting time schedule, it’s important to remember that this kind of modification can also impact the child support amount. Especially if the child support was set using the pre-2019 calculations, where only the payor’s income and number of children were used to calculate the support amount. In a situation where one parent is gaining significantly more parenting time, it may also present an opportunity to reduce, or even flip, the child support obligation.
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Options for Modifying Parenting Agreements
Traditional Litigation
For those looking to modify their parenting agreements, the parties have options for making these changes. The most traditional option is litigation by filing a motion to modify the parenting schedule and citing the reasons for the modification. Depending on the specific facts of the case, the parent seeking to change the parenting schedule may also want to file a motion to modify the child support, as well.
Alternative Dispute Resolution
Alternately, parents can also consider options for alternative dispute resolution when it comes to modifying an existing agreement. Alternative dispute resolution, also known as ADR, focuses on providing parents with the opportunity to talk directly to each other and work together to create a new agreement. ADR options for reaching agreements outside of court include mediation and collaborative law. Both promote amicable negotiation with a focus on the parents deciding what is best for their families, rather than leaving that decision to an unknown third party.
Mediation
Mediation of a child’s case concerns doesn’t have to involve a lawyer, though either party may bring a lawyer to mediation. If the parents elect not to have attorneys at mediation, an attorney should still be retained to review and formally draft any mediation agreement into an agreed order by an attorney. The attorney can also enter the order by agreement, as well. Likewise, if the parties agree to a modification of parenting time that would result in child support, the new amount should be calculated by an attorney who will also be responsible for drafting and entering the new support order. Having an attorney to do the legwork on your agreements, and ensure everything is drafted and entered correctly, is essential to protect your parenting time and finances.
Collaborative Law
In collaborative law, parties will work together with their attorneys and a mental health professional to craft any modifications to the parenting schedule, and possibly the child support amount. The attorneys working on the case will be responsible for drafting any necessary agreements and orders, as well as entering them with the judge.
Discussing Modification Options With an Attorney
If you are wondering if your family’s situation might be ripe for modification, the attorneys at Anderson Boback & Marshall can discuss the changes your family has experienced, and the circumstances surrounding those changes, as well as methods of modification to help you understand your options and figure out the best way forward for you and your family.
