Post-decree modifications will not take place just because you don’t like the agreements any more. However, sometimes after a divorce is finalized, it is necessary to change the agreement because of certain material changes of circumstances. These changes could impact many areas of the divorce agreement, including the amount of child support, alimony payments, parenting responsibilities, and the parenting plan.
Nothing will change automatically until there is a petition for the change and there is a court order. This means all agreements will remain unchanged and all support payments are required to continue until a judge orders the changes.
Here are just a few scenarios where a post-decree modification may apply. For more information, please contact us directly.
- The ex who receives maintenance remarries.
- The ex who is paying maintenance and/or child support has lost their job and is unable to pay, or their income has increased significantly, the award amounts can be updated accordingly.
- If one parent has to move out of the state due to a job relocation, the children may or may not be permitted to move with them.
- There are “new” assets, perhaps they were hidden before, to be divided.
There are many other reasons for which an Illinois family court may adjust the amount of your alimony, child support, or your parenting arrangement. At the same time, if there are clauses in your divorce decree that specifically state that support payments may not be changed no matter the circumstances, then the court is less likely to order a modification.
Dheanna Fikaris can review all the necessary documents document and help you assess whether a modification petition is in your best interests. She can also provide the necessary representation should your spouse initiates a modification petition. Please contact our office and set up a consultation with Dheanna.
When a divorce decree is entered into the Illinois court records, both spouses must comply with the terms and conditions of the decree unless a judge modifies them. No one party can unilaterally refuse to comply with the divorce decree no matter what the argument is. Any one who does not comply with their obligations could be faced with penalties for non-compliance. The law can be used to enforce the terms and conditions of your divorce decree which may include these:
- Failure to distribute marital assets
- Failure to pay maintenance/alimony
- Failure to pay child support
- Failure to comply to the allocation of parental responsibility
- Failure to allow for parenting time or visitation
If your ex does not fulfill their obligations according to your divorce decree and you need help to enforce them, call Dheanna Fikaris. She will work with you to get the best results possible.