Things to Know About Post-Decree Proceedings

 Posted on May 27, 2020 in Family Law

Most people would like to know that once their divorce is finalized by the courts, it is truly over. However, that is not always the case and many spouses often want to modify court orders issued as a result of a divorce. Modifications are not granted easily by the courts. They will take a number of factors into consideration, such as the order an ex-spouse wants to be modified, and the reasons for changing it. If you have recently gotten a divorce and now wish to modify some portion of the divorce decree, below are some of the most important things to know when making changes.

Reasons for Post-Decree Modifications

Typically, only two changes in a person’s life allows them to modify court orders. These include a change in their financial situation or a change in their family situation. Common reasons for post-decree modifications include:

• A party paying support suffers a disability and can no longer work as a result
• A party receiving support has been promoted or has received a significant increase in their salary
• A party has had a significant reduction in their earnings
• One party has remarried or has had another child
• The needs of a child receiving support have changed
• The child has reached an age of maturity and wishes to live with the other parent
• A parent wants to move to another state

Even when these scenarios occur, it is crucial that both parties comply with the original order before making any changes. If they fail to do so, they may be held in contempt of court.

Issues that Post-Decree Modifications Affect

Generally speaking, there are three issues that affect post-decree modifications. These include:

• Child custody issues: Parenting time and child custody orders are modified for a number of reasons. A parent may have to move out of state for a new job, or they may secure new employment that is much more demanding than their previous job and leaves them less time to care for their children. These modifications are common because, at the time of divorce, it is typically very difficult to know the needs of both the children and spouses and balance them.
• Child support: Although parents are expected to financially support their children in the state, the law also recognizes that parents should only be ordered to pay what they can afford. As such, if a parent paying the support has a significant change in their financial circumstance, they can petition the court for a modification.
• Maintenance: When people remarry, the law dictates that they are no longer entitled to receive maintenance or alimony. Again, when the payer of maintenance experiences a significant financial change in their life, they may also petition the court to modify the order.

Any time someone feels their court order is no longer fair and they need a change, they should speak to a family lawyer that can review their case.

Our Illinois Family Lawyers Are Here for You

If you have gotten a divorce and now need a portion of the divorce decree modified, our dedicated Hinsdale family lawyers at the Law Office of Martoccio & Martoccio are here to help. After reviewing your case, we will advise on the possibility of obtaining a modification and assist throughout the entire process to give you the best chance possible. Call us today at 630-920-8855 or contact us online to arrange a free consultation with one of our attorneys.

Source:

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