Post-Divorce Changes and Enforcement in IL
Every divorce includes a divorce decree or judgment of dissolution of marriage that states the exact terms that were agreed upon by the divorcing spouses or decided by the court when it comes to issues such as division of assets and debt, parental responsibility and parenting time, spousal maintenance, and child support. Once the divorce becomes final, the decree becomes law and must be followed by both parties. Ideally, the decree should be permanent, but there are cases where circumstances change that require the decree to be modified.
If you need to modify the agreement from your divorce because of changing circumstances in your life, you need to talk to our attorneys. Allen Gabe at Barber Law Offices is an experienced family law attorney who can help with post-divorce changes and enforcement in Schaumburg, IL, and the surrounding suburbs. Our attorneys will help you understand the legal steps you need to take to modify the divorce decree and advocate on your behalf to ensure the modification takes place. We can also help you take legal action to enforce the decree if your ex-spouse is not meeting their court-ordered obligations.
Post-Divorce Modifications
There are a number of reasons why post-divorce changes to the decree may be necessary. The following are the most common reasons:
- Significant increase or decrease in income for one party
- Changes in children’s essential needs including education or healthcare
- One parent wants to make changes to allocation of parenting time or parental responsibilities
- One parent wants to move to a new home and community with the children
- One party is involved in a serious relationship or has plans to remarry
The most common modifications requested are changes to the amount of child support or spousal maintenance that is paid or received. When a parent wants to modify the amount of child support they pay or receive from the other parent, they must demonstrate a “substantial change in circumstances” that warrants the change. The change in circumstances can include a change of income or needs of either party since the current child support agreement became effective. The same must be done when it comes to spousal maintenance as a substantial change in the income or needs of either party must be demonstrated to modify the amount paid or received.
Under Illinois law, the court must consider the following factors to decide if a modification of child support or spousal maintenance is appropriate:
- Changes to the employment status or amount of income of either party and whether the changes were made in good faith.
- If reasonable efforts have been made by the party receiving maintenance to be able to support themselves financially.
- Impairments to the earning capacity of either party.
- Property awarded to each party from the current divorce decree or property acquired by each party since the divorce.
- The tax consequences of maintenance payments for each party.
- Duration of past and future maintenance payments in relation to marriage length.
Our attorneys can help you determine the best legal course of action to modify your divorce decree and help present your case for the modification. We will advocate on your behalf to demonstrate the change of circumstances that warrant a change in the decree.
Divorce Decree Enforcement in Illinois
When a divorce is finalized by a judge, the divorce decree becomes a legally binding court order and both parties must comply with the terms of the decree. However, not everyone follows these terms as an ex-spouse may be late on child support or spousal maintenance, may fail to pay maintenance or turn over assets, or fail to meet their parental responsibility or parenting time obligations. When this happens, you can bring a contempt of court proceeding on your ex-spouse and they may be found with non-compliance of the court decree. The ex-spouse can also face a fine or jail time if the non-compliance is intentional.
Allen Gabe at Barber Law Offices can help ensure enforcement of the divorce decree if your ex-spouse is failing to comply. We will build and present your case to demonstrate the non-compliance of your ex-spouse so that they are ordered to comply or face punishment such as fines and jail time.
Call Our Divorce Attorneys in Schaumburg, IL
Whether you have experienced changing circumstances that warrant a modification in your divorce decree or need help ensuring the enforcement of the decree, our divorce attorney, Allen Gabe, can help. We will make you aware of your legal options and negotiate on your behalf to secure the needed modifications or enforcement. We can also provide legal representation in court.
If you need legal counsel for post-divorce decree changes or enforcement in the Schaumburg, IL area, call our attorneys at Barber Law Offices at 847-303-9780.
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