DuPage County Post Decree Modifications Attorneys
Post Decree Modifications and Enforcements in Lisle, Downers Grove and Naperville
After a divorce is finalized, it is rarely the end of the process. When there is a substantial change in circumstances, it might make sense to modify the original settlement agreement. In other instances, one party might not be living up to his or her obligations. In the latter cases, measures must be taken to ensure enforcement of the divorce decree. If you are in a situation that might necessitate a post decree modification and/or enforcement, it is important to have an experienced family law and divorce attorney by your side.
At Momkus McCluskey LLC, our family law group has in-depth knowledge of the post decree modification and enforcement process. We are compassionate and responsive, with an unwavering commitment to protecting the interests of each client we serve. We work closely with our clients to secure a favorable modification and to ensure the terms of the divorce decree are properly enforced. Our seasoned civil litigation and appellate practice groups have successfully argued cases at every level of the Illinois court system. We put our experience to work to craft a comprehensive solution that meets your needs and accomplishes your goals.
Post Decree Modifications in Illinois
There are several reasons a divorce decree may need to be revisited. These include:
- Maintenance/Alimony: Job losses, medical issues and other life changing circumstances might make it difficult for the paying spouse to maintain the same level of maintenance payments. If the receiving spouse remarries, his or her need for maintenance may be substantially diminished.
- Child Support: Job losses and other financial hardships can also make it difficult to keep up on child support payments. In such cases, the paying spouse must show proof to the court that an alteration in the child support arrangement is warranted. Child support may also be increased based upon a payor’s increased earnings or increased needs of the children.
- Child Custody/Visitation: Changes to a job schedule, relocation out of the area and other life changes could necessitate a change in the visitation and parenting time schedule. There may also be reasons to seek a change in custody, but the burden of proof is higher in such cases.
Post Decree Enforcements in Illinois
Post decree disputes often arise around three main areas:
- Failure or refusal to pay maintenance
- Failure or refusal to pay child support
- Violation of the child custody or visitation agreements
When one party has failed to comply with the terms and conditions of the divorce decree, the court can be petitioned for post decree enforcement. Mechanisms of enforcement may include wage garnishments, bank account seizures, orders of protection and several others.
Successful post decree modifications and enforcements require skilled attorneys with the ability to gather evidence and present a strong case to the court. At Momkus McCluskey LLC, our legal team is highly adept in all aspects of family law, divorce, and post decree disputes and litigation. For a consultation, contact us today at (630) 434-0400. We provide advice and counsel from our team of experienced and compassionate family law attorneys in DuPage County, Lisle, Naperville and Downers Grove.