Enforce or Modify: Exploring Post-Divorce Matters

 Posted on July 30,2018 in Post-Decree Matters

The arrangements agreed upon during a dissolution of marriage, such as the allocation of parental responsibilities or obligations to pay child support or spousal maintenance, will continue per the decree until either a child becomes an adult, or until a specified end date, or indefinitely. However, people’s lives change, and what may work well for both parties during the divorce proceedings may no longer be practical a few years later. Also, an ex-spouse may refuse to comply with the divorce decree. In these situations, you may want to consider modifying or enforcing the divorce decree.

Enforcement of the Court Decree

A divorce decree is an official court order that governs the parenting time with children, child support payments, alimony payments, the division of property, and the division of debt. This order is legally binding, which means any violation has legal repercussions. If your ex is not following the terms of your divorce decree, there are options available to ensure compliance. Methods used in Illinois to compel former spouses to comply include:

• Filing for civil contempt;
• Pursuing criminal charges; and/or
• Utilizing collection procedures.

Modification of a Decree

When circumstances in the lives of either party change, a modification of the divorce decree may be wanted. Parenting arrangements and support agreements are adjustable if there have been significant life changes for either party. The spouse who files the petition must prove the substantial and ongoing changed circumstances. Examples of acceptable reasons for modification include:

• Remarriage;
• Changing needs of the child;
• A significant change in income;
• The emergence of health problems or disability;
• Relocation;
• Changes in the time a child spends with each parent.

Trust an Experienced Hillside Family Law Attorney

In modification and enforcement actions, the burden of proof rests on the petitioner, which means they must have a strong case proving that contempt occurred or that modification is necessary. Before the petitioner heads into the courtroom, they also want to be sure that they have tried all other options. Judges appreciate it when individuals attempt to resolve situations amicably before bringing the matter back to court. 

If the friendly approach has not been effective, an Oak Park divorce modification attorney can help. The Law Office of Vincent C. Machroli, P.C. may arrange for a judge to hear your case, but we will also help you build a strong case by gathering enough evidence to support your claim. At our office, your situation is our priority. Find out how we can help you adjust your divorce terms or enforce your existing decree. Call us at 708-449-7400 to schedule your complimentary initial consultation.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&SeqStart=6100000&SeqEnd=8400000

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=6000000&SeqEnd=8300000