Post-Decree Motions / Modifications

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Post-Decree Motions / Modifications

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Post-Decree Modifications

Attorney for Post-Divorce Enforcement and Modification Motions in Illinois

Reaching a divorce resolution means that your marriage has legally ended and that the terms of your divorce decree are legally binding. Some issues, like the division of marital property, are typically settled completely when the divorce is finalized. However, for other matters like spousal support, child support, and child custody, you and your spouse will have ongoing responsibilities after your divorce. As such, you may find that you need to take legal action to modify or enforce the terms of your divorce order.

At Reifman Law Offices, our family law attorney Arkady Reifman can not only help with representation throughout the divorce process, but also with any post-decree motions you need to pursue. Arkady has practiced family law for almost 20 years, and he can guide you through the process of making changes to your divorce order to better reflect your current situation, or ensuring that your former spouse complies with the terms of your decree.

Modifying Different Elements of Your Illinois Divorce Decree

As your life changes in the years after your divorce, you may feel that the original terms of your divorce decree are no longer applicable. Fortunately, many aspects of a divorce resolution can be modified, though there are different criteria for when modifications are warranted. We can help you petition for modifications to the following:

Child support

A parent’s child support obligations can be modified after a substantial change in circumstances. This could include a parent’s involuntary job loss or an increase in their income, or a change in a child’s needs. Illinois also allows for modifications after a child support order has been in effect for three years, to ensure that the obligations are consistent with the state’s current child support guidelines.

Parenting time

A parenting time schedule may be modified at any time after a divorce if the changes are in the child’s best interests. Parents will either need to agree on the modifications, or one parent will need to demonstrate that the modifications are necessary due to a change in circumstances, like a change in the child’s or parent’s routine, or new information regarding a parent’s parenting abilities.

Parental decision-making responsibilities

Modifications to the allocation of parental decision-making responsibilities are usually only possible after two years have passed since the date of the divorce resolution. Earlier modifications may be necessary if there is a risk of harm or endangerment to the child.

Spousal support

Spousal maintenance or alimony can be modified due to a change in either spouse’s income, employment, or earning abilities. A spouse can also move to terminate a spousal support order when the receiving spouse remarries or begins a cohabiting relationship with another person.

Post-Divorce Enforcement Motions

Legal action may also be necessary if your former spouse violates the terms of your divorce decree or agreement. Often, divorce order enforcement cases involve a situation in which a person refuses or fails to pay court-ordered child support or spousal support. You can also petition for enforcement of your parenting agreement or child custody order if your child’s other parent has violated your parenting time schedule or other aspects of your parenting plan.

In an action to enforce child support or spousal support, the delinquent party can face consequences, including wage garnishment or income withholding, as well as orders to pay the other party’s attorney fees and interest on the late payments. In some cases, the delinquent party could also have their driver’s license suspended and lose other privileges. A parent who violates an order allocating parental responsibilities may be ordered to make amends through makeup parenting time or may be subject to parenting time restrictions and conditions. A person who violates a divorce decree can also be charged with contempt of court, an offense that can come with fines and imprisonment.

Contact an Arlington Heights Divorce Modification and Enforcement Attorney

If you need to revisit your divorce decree, we can help you determine whether it is in your best interest to petition for modifications or enforcement. Contact us Office at 847-229-8433 today to schedule a free consultation. We represent clients in Schaumburg, Palatine, Rolling Meadows, Arlington Heights, Elk Grove Village, Streamwood, Barrington, West Dundee, Hoffman Estates, and the surrounding areas.

At Reifman Law Offices,

we will take the weight of dealing with family legal issues off of your shoulders.
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Arkady Reifman

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