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.

RETIREMENT AND DISABILITY BENEFITS

By Buffalo Grove Law Offices | July 18, 2021 |

After court entered judgment of dissolution.  Husband died.  Then, wife (Jodi) filed 3rd-party complaint against Mary.  Mary was husband’s wife at the time of his death.  Jodi alleged that Mary was unjustly enriched because she was receiving a pension as surviving spouse of a disabled firefighter under Section 4-114 of Pension Code. The Trial Court…

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EMPLOYERS MUST PAY OUT WHEN THEY ARE SERVED WITH A WITHHOLDING ORDER

By Buffalo Grove Law Offices | July 20, 2021 |

The trial court entered a judgment of dissolution of marriage. The husband was ordered to pay $370 per month in maintenance to his wife when their farmland sells. An auction was held that same month. The sale did not take place yet. The wife filed a wage garnishment against her husband’s employer. The employer did…

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WIFE WENT TO COURT WITHOUT NEEDING TO

By Buffalo Grove Law Offices | July 20, 2021 |

The Trial Court entered a judgment for dissolution of marriage in 2011. It included the following language re the marital residence: The equitable interest on the property is divided 50-50 between the parties. It is subject to repayment of any loans on the premises. And it is subject to any existing guarantees for which actual…

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SITTING ON YOUR RIGHTS-YOU SHOULD HAVE STOOD UP SOONER

By Buffalo Grove Law Offices | July 20, 2021 |

The Appellate Court agreed with the wife’s argument that the trial court should not have entered a default judgment against her. It had contained a joint custody order. It contained full detail on how the parties were to share responsibilities and time with the children. It divided up the assets between the parties. It divided…

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YOU BETTER FOLLOW THOSE COURT ORDERS, UNLESS YOU HAVE A REAL GOOD REASON NOT TO

By Buffalo Grove Law Offices | July 20, 2021 |

Kim and Paul got divorced in July, 2003.  In their divorce settlement, they agreed that they would keep title in both of their names.  Paul would live in the house.  Paul would be responsible for all costs of the house before its sale. Paul will either place the Oak Park home for sale on or…

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TAKE YOUR PICK-EITHER TAKE THE FIFTH OR DEFEND YOURSELF

By Buffalo Grove Law Offices | July 20, 2021 |

The agreed order required husband to pay $4,000 per month to wife. Of the $4,000 sum, the parties agreed $2,000 would be maintenance and $2,000 would be child support.Wife filed a petition against husband. She said husband should be in contempt for not making court-ordered support payments. Husband did not appear in court on the…

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