Illinois Lawyer Referrals and Legal Guidance
Post Decree Divorce Issues
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Although divorce proceedings end in a final decree (in the form of a Marital Settlement Agreement and/or Joint Parenting Agreement), it is not uncommon for the parties to return to court to deal with issues that come up after the divorce is finalized. A party may be seeking modification or enforcement of the original judgment.
Modification of Judgment:
Although some final decisions in divorce proceedings are final and absolute, others may be modified. A party may go into court and seek modification of the following issues:
- Alimony (otherwise known as "maintenance" in Illinois)
- Child support
- Child custody
- Visitation
However, a request for modification must provide the court with evidence of "a substantial change in circumstances". When a party is seeking modification of child support or alimony, he or she may do so, by showing evidence of a change in income. Examples include, but are not limited to, the following:
- Involuntary unemployment
- Inheriting a large amount of money
- Remarriage
While a reduction in child support may not be retroactive, an increase in child support may be retroactive. Also, alimony may be eliminated as well as modified.
Examples of a change in circumstances when seeking a change in child custody, include, but are not limited to, the following:
- A change in the needs and desires of the child.
- One of the parties moving away.
Please note that a property division is usually a final and binding judgment. Once the judgment has been agreed upon, modification will not be granted. Further, if the parties have agreed in the judgment that alimony (maintenance) will not be subject to modification, the judge will usually abide by that agreement.
Enforcement
Another common reason for the parties to return to court is when one of the parties is seeking enforcement of the judgment. Failure to pay mandated amounts of support, failure to pay in a timely fashion, and failure to abide by the custody agreement are all examples of reasons that parties return to court to enforce the original judgment. We also commonly get calls from people whose spouses are in some way interfering with their visitation. When a party fails to pay, a judge may order garnishment of wages, a court ordered sale of property, or a court order forcing a party to join a health insurance plan that will cover the child.
An additional method of enforcement is when a judge begins contempt proceedings. Although these proceedings can become complicated, it may result in repeated fine or jail time until the party held in contempt properly abides by the judgment.
If you have any questions about family law in Illinois or would like an attorney referral, please complete our contact form or call us at (312) 346-5320.
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