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) 772-8579 or contact us online to arrange an affordable initial consultation with an experienced divorce lawyer.

DISABILITY AND RETIREMENT INCOME-WHEN THE CART IS THE HORSE

By Buffalo Grove Law Offices | July 21, 2021 | Comments Off on DISABILITY AND RETIREMENT INCOME-WHEN THE CART IS THE HORSE

In 1993, John and Lynette were divorced. Their agreement required John to divide his retirement benefits with Lynette. In 2004, John stopped working. He began receiving disability benefits. John refused to divide his disability benefits with Lynette. She went to court. The trial court agreed with Lynette. John appealed.The Appellate court agreed with the Trial…

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YES, THE COURT CAN GET IT WRONG

By Buffalo Grove Law Offices | July 21, 2021 | Comments Off on YES, THE COURT CAN GET IT WRONG

Wife was awarded maintenance at the time of the divorce. The trial court directed the wife to remain fully employed. She was to seek out promotions and better job opportunities. It was set for review at a future date. Husband filed a motion to terminate or reduce maintenance for the first review date.  Wife filed…

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WAIVING AN INTEREST MEANS YOU NO LONGER HAVE AN INTEREST IN THAT ASSET

By Buffalo Grove Law Offices | July 21, 2021 | Comments Off on WAIVING AN INTEREST MEANS YOU NO LONGER HAVE AN INTEREST IN THAT ASSET

The parties divorced. Each party kept its own retirement assets. Each waived an interest of any kind in the other’s retirement assets. Ex-husband died after the divorce. He never executed a document changing the ex-wife as the beneficiary to his 401(k) account. The Executor for the ex-husband informed Fidelity Brokerage Service that the 401(k) account…

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By Buffalo Grove Law Offices | July 21, 2021 | Comments Off on INHERITED IRA IS FAIR GAME FOR CREDITOR

Ex-wife started court action to get money owed to her by Ex-husband. The money was for attorney’s fees from Ex-husband for Ex-wife. The court had ordered the Ex-husband to pay a share of Ex-wife’s attorney fees. Ex-wife sent out 3 documents (citations to discover assets) to the trustee of an IRA.  Ex-husband objected to the…

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CAN YOU STOP SUPPORTING YOUR CHILD BECAUSE YOU DON’T GET ALONG?

By Buffalo Grove Law Offices | July 21, 2021 | Comments Off on CAN YOU STOP SUPPORTING YOUR CHILD BECAUSE YOU DON’T GET ALONG?

The mother filed a petition for a father to contribute to their son’s college expenses. The petition alleged that son had graduated from Marmion Academy in Aurora with a 3.75-grade point average. He would be enrolling at Purdue University in the fall. The cost of attending Purdue University was approximately $20,000 per year. Son would…

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YOU MAY NOT BE A SPRING CHICKEN, BUT YOU CAN STILL WORK

By Buffalo Grove Law Offices | July 21, 2021 | Comments Off on YOU MAY NOT BE A SPRING CHICKEN, BUT YOU CAN STILL WORK

Husband did not work regularly for a number of years.  Husband filed for divorce. He asked for permanent maintenance from Wife. Husband had attempted suicide. Later he went through psychiatric treatment. At trial, the parties agreed to terms for Husband’s ability to work. They agreed that he is not disabled.  They also agreed that he…

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