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630-472-9700
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Kathryn L. Harry & Associates, P.C.
630-472-9700

Elmhurst Divorce Judgment Enforcement Lawyer

Willowbrook divorce attorney

Attorneys Assisting With the Modification of Divorce Orders in DuPage County

When spouses have completed the divorce process, a final divorce decree or judgment will be entered into court records. This court order will detail how marital property will be divided, whether one spouse will pay child support or spousal maintenance to the other spouse, and the allocation of parental responsibility, and it is meant to be a final agreement between the spouses. However, people's circumstances can change, and this decree may need to be modified, or a spouse may need to seek help to ensure that their former partner abides by the terms of the agreement.

At Kathryn L. Harry & Associates, P.C., we understand the difficulties you may be facing as you work to rebuild your life after your divorce. If you are having trouble meeting the requirements of your divorce decree, or if your ex-spouse is not meeting their obligations, our skilled, compassionate attorneys are here to help.

Post-Divorce Judgment Modifications

After a divorce, if either spouse experiences a significant change in their lives that would affect any of the matters decided in their divorce decree, they can petition the court to modify the divorce order. In order to modify an order, a spouse must demonstrate that there has been a "substantial change in circumstances," which can include:

  • A change in either spouse's employment status or the amount of income they earn.
  • The remarriage of either spouse.
  • A change in children's needs, such as the costs of medical care or education.
  • A change to parenting time schedules or the allocation of parental responsibility.
  • The relocation of a parent to a new residence.

Parents cannot modify the allocation of parental responsibilities within the first two years after the divorce judgment, unless there is reason to believe that a child is in danger of physical or emotional harm. However, parents can modify parenting time at any point if they show that there has been a substantial change in circumstances.

Following changes to Illinois law that went into effect in July of 2017, the amount of child support that a parent currently pays may be different from what would be determined using the updated child support guidelines. However, parents may only modify child support payments if they can demonstrate a significant change in circumstances; the new law in itself is not a sufficient basis to make changes to child support.

Post-Decree Enforcement

A divorce decree is a legally binding court order that must be followed by both parties. A spouse who fails to meet the obligations defined in a divorce judgment may be held in contempt of court, which can result in serious consequences, including fines and jail time. A parent who does not pay child support may have their wages garnished, and their driver's license may be suspended.

If your ex-spouse is not meeting their obligations, you should contact an attorney who can help you reach a legal remedy to the situation. Unless the court orders otherwise, you should continue following your own obligations. If your ex is not paying child support, you cannot restrict their parenting time with your children. Likewise, if your ex is not meeting their parenting time obligations, you cannot refuse to pay child support.

Contact an Oak Brook Divorce Attorney

If you need to make a change to your divorce decree, or if your former partner is not following the terms of your divorce order, our attorneys can advocate for your best interests in court. Contact a Lombard divorce judgment modification lawyer at 630-472-9700 to schedule a free consultation. We serve clients in Downers Grove, Hinsdale, Willowbrook, Westchester, and throughout DuPage County.

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