Can Remarriage Be a Substantial Change in Circumstances for Modifying a Parenting Plan?

 Posted on July 21, 2022 in Child Custody

As life moves on after divorce and you and your minor children adjust to living in a one-parent home, certain changes may necessitate modifying parts of your original divorce decree. One common feature of life after divorce is remarriage, whether it be yours or that of your former spouse. In addition to the other changes that come with remarriage, you may also be wondering whether it will change your parenting plan or other parts of your divorce decree, like child support or spousal support. If you or your ex are getting remarried in Illinois, read on. 

Can I Change Our Custody Arrangements if I Get Remarried in Illinois? 

Unless a remarriage of either parent would impact the best interests of the child, the parenting plan is not likely to need a modification following the wedding. However, certain circumstances may warrant petitioning for a change in a parenting plan, including: 

• A child who is old enough to express her preferences who wants to spend more time in one household than the parenting plan currently allows for 

• A move to a new location that is outside of the limits of you or your ex’s parenting plan agreement or county guidelines 

• A new spouse who is a sex offender or who has a history of child abuse 

A judge will examine both parents’ home lives, physical and mental well-being, the wishes of the child, the child’s needs, and other similar factors before making a decision about whether to approve a parenting agreement. However, co-parents who agree to make changes can simply submit their proposed parenting agreement to a judge and avoid a long and expensive court battle, so it may be in your interests to discuss any potential changes with your ex first. 

Will Remarriage Change Child or Spousal Support Payments? 

While remarriage typically does not allow a parent’s child support obligation to change, remarriage terminates spousal support when the receiving spouse is the one getting married. Cohabiting with a new partner can terminate support payments as well. If you have gotten remarried and are receiving spousal support, it is your responsibility to ensure your former spouse knows you are married again.  

Meet with a Wheaton, IL Parenting Plan Lawyer

When times change, you need a flexible parenting plan that reflects the changes going on in your or your co-parent’s lives. For help modifying a parenting plan, schedule a consultation with a DuPage County parenting plan modification attorney at The Stogsdill Law Firm, P.C.. Call us today at 630-462-9500. 

Source: 

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+VI&ActID=2086&ChapterID=59&SeqStart=8675000&SeqEnd=12200000