Post-Decree Issues

//Post-Decree Issues

After your divorce is finalized, you may still run into family law issues that need to be resolved. For instance, if your former spouse fails to meet his or her obligations, or if your financial circumstances change substantially, further legal intervention may be necessary. Interpretation, modification, enforcement, reformation, and termination (of an obligation) are the five main paths to use to seek court involvement once the divorce is over and a judgment for dissolution of marriage has been filed with the court.

At Buffalo Grove Law Offices, we are here to support you both during and after your divorce. With more than 25 years of legal experience, our firm’s Arlington Heights custody modification lawyer, Angela E. Peters, can assist you with any post-divorce issues that may arise, including interpretation of decree provisions, modification of court-ordered obligations, enforcement of existing court orders and reformation of finalized agreements.

We utilize litigation, mediation and arbitration to protect the rights and interests of both plaintiffs and defendants who need help in resolving post-decree disputes. Our firm serves clients in Arlington Heights, Hoffman Estates, Palatine, Buffalo Grove and throughout the Chicago, Illinois, metropolitan area.

The Five Main Paths Used To Modify A Divorce Agreement

There are five main paths that are used in order to modify a divorce agreement after it has been finalized. They are:

1. Interpretation: Sometimes, circumstances arise post-divorce that make it clear that the parties have very different understandings of their obligations under the divorce decree. We advocate on behalf of clients when a judicial decision is necessary to clarify the meaning of decree provisions. We also assist clients in using mediation and arbitration to facilitate cost-effective resolutions to interpretation issues.

2. Modification: Often a substantial change in circumstances affects the ability of a party to comply with the terms of a divorce settlement. When these situations occur, a court-approved post-divorce modification is necessary to alter child support payments, child custody, visitation and spousal maintenance (alimony) obligations. A loss of employment and the need to relocate to a different state are common reasons why an individual may need to modify a divorce judgment. We represent clients who are seeking a modification, as well as those who are opposing the change.

3. Enforcement: Frustration and financial difficulty can result when one party fails to abide by the terms of a divorce decree. We represent clients who are requesting or resisting the enforcement of child support, child custody, visitation and spousal maintenance orders. Whether we are able to negotiate an advantageous resolution, or it is necessary to file contempt charges, you can count on Ms. Peters for aggressive representation both in and out of the courtroom.

4. Reformation: Sometimes, a mutual mistake by the parties means that changes need to be made to a particular divorce decree provision. In this situation, we can help clients with petitioning the court for reformation (adjustment) of a divorce decree.

5. Termination: Child support will terminate no earlier than the date on which the child covered by the order will attain the age of 18. However, if the child will not graduate from high school until after attaining the age of 18, then the termination date shall be no earlier than the date on which the child’s high school graduation will occur or the date on which the child will attain the age of 19.

Enforcement Of Orders

There are orders to be enforced both prior to and after the entry of a final judgment. For example, a person who is ordered to pay child support order either during or after the divorce may not be current in those payments. Then, the other party may go back to court to have the Court enforce its order of support. The non-paying party will likely face a Petition for Rule to Show Cause (contempt proceeding) to make that person pay the ordered support and likely, also pay the attorney fees of the person who must resort to court assistance.

Contact A Buffalo Grove Child Support Enforcement Lawyer

If you need assistance with child support enforcement, modification of a child custody arrangement or any other post-decree issue, we can help you understand your rights and options. Call our office at 847-222-9429 or contact us online to arrange an affordable initial consultation with an experienced divorce lawyer.

811, 2018

ATTORNEY DID NOT HAVE TO PAY HUSBAND’S ATTORNEY FEES

By | November 8th, 2018|Categories: Family Law Articles, Post-Decree Issues|Tags: , , |0 Comments

Attorney had represented husband in A dissolution of marriage case. The attorney was granted leave to withdraw. He was no longer the husband’s attorney. Attorney filed a petition for payment of final fees and costs [...]

211, 2018

WHAT IF THERE IS MORE THAN ONE REASONABLE INTERPRETATION?

By | November 2nd, 2018|Categories: Financial Issues When Divorcing, Post-Decree Issues, Uncategorized|Tags: , , , , , , , , , , |0 Comments

Husband and wife agreed to carry insurance on their lives in their divorce decree.   Upon the death of a party, each of their two children shall be entitled to receive death benefits.  Each child was [...]

2108, 2018

GOING AFTER CHILD SUPPORT ARREARAGES IN PROBATE COURT

By | August 21st, 2018|Categories: Child Support, Post-Decree Issues|Tags: , , , , , , , , , |0 Comments

Divorce judgment for divorce had been entered in 1983.  It included monthly child support to be paid by husband.   Husband died in 2008. In 2012, wife filed a petition for confirmation of lien, sale of [...]

607, 2018

READ ONE LAST TIME BEFORE YOU SIGN

By | July 6th, 2018|Categories: Financial Issues When Divorcing, Post-Decree Issues, Property Division|Tags: , , , , , , , , , |0 Comments

The parties divorce.   The judgment provides that their Agreement (MSA) settled 'all questions of property rights.  All claims against each other.  All rights of maintenance and all other marital rights arising out of their marriage [...]

2206, 2018

YOU CAN’T GET COMPENSATED FOR LOST WAGES IF YOU REPRESENT YOURSELF

By | June 22nd, 2018|Categories: Divorce FAQS, Post-Decree Issues|Tags: , , , , , , , |0 Comments

The divorce was done. Afterwards, the parties filed contempt petitions against each other. The Trial Court had a hearing on both petitions.   Both parties were in contempt. Wife was ordered to pay some of husband’s [...]