Modification Factors
Burden of Proof
On a petition to modify under this section, the burden is on the moving party to present to the court sufficient evidence upon which a decision can be made. In re McGory
___Cohabitation
One change in conditions which justifies the modification of maintenance is if the party receiving maintenance cohabits with another person on a resident, continuing conjugal basis. In re Lowe
___Cost of Raising Children
A court may presume that the cost of raising children increases as the children grow older. In re Riegel
___Cross-Petition Necessary
Respondents in child support modification actions must file a cross-petition if the relief they seek is different from the relief sought by the petitioner. In re Zukausky
___Discharge in Bankruptcy
The trial court did not err in considering that the discharge of marital debt in bankruptcy constituted a substantial change in circumstances justifying an increase in support since (1) the discharge in bankruptcy relieved the father of the legal obligation of paying certain debts, thereby affecting a significant change in his financial condition, and (2) the wife became responsible for a substantial debt due to the father’s discharge of that debt. In re Letsinger
___Estoppel
Wife was barred from attacking a divorce decree by accepting the benefits of the divorce decree to the distinct disadvantage of the husband where wife had been awarded the marital home and all the personal property therein, and subsequent to the divorce decree, she sold two pieces of personal property out of the marital home, she sold the marital residence and purchased another residence. Adams v. Adams
___Oral Modification
Where an oral modification between ex-husband and ex-wife was alleged, although the conduct of the parties was not in total accord with the divorce decree, this did not establish that a modification occurred. Gordon v. Joseph
___Post-Judgment Relief
A petition under 735 ILCS 5/2-1401 is a proper ground for relief from a divorce decree which incorporates a written agreement which fails to express the real intention of the parties through mutual mistake, or through mistake of one side and fraud on the other, where the proof clearly and convincingly shows that a mistake was made and that it was mutual and common to both parties. In re Johnson
___Remarriage of Supporting Parent
A factor the court may consider in an action to modify child support is whether the supporting parent has remarried; this fact is relevant because couples are likely to pool their resources, thereby possibly increasing the resources available to the supporting parent. In re Riegel
