Post-Decree Modifications

When a couple divorces in Illinois, they must ultimately agree on a number of terms to legally achieve a dissolution of their marriage and they usually negotiate a settlement although some spouses may require court intervention. Once a divorce becomes final and a decree is established, both spouses are expected to comply with the terms of the agreement although there may be situations in which either party can seek a modification of the original decree.

Brinkmeier Law, LLC understands that many issues that can arise that require people to seek post-decree modifications of their divorce decrees, and we help people get real results in these cases. Our firm represents many clients all over the greater Cook County, DuPage County, Will County, Lake County, and McHenry County areas.

When Modifications Are Allowed

Divorce decrees can seem satisfactory when they are first created but may not live up to their expectations as time passes. People can petition for modification of most elements of a divorce decree in certain situations.

Some of the common requests for modifications may be limited as follows:

• Child Support — Child support will only be allowed to be modified when there is a substantial change in circumstances. A significant change to either parent’s income could be grounds for a modification. Changes in a child’s circumstances can also justify a modification. The only other circumstance allowing for a change is a child turning 18 years of age (unless the child is still in high school, in which case the paying parent must continue to pay child support until the child turns 19 years of age or graduates high school, whichever occurs first).
• Spousal Support — Spousal support or maintenance can be modified under many other circumstances besides just a substantial change in circumstances. A recipient spouse remarrying, a recipient spouse cohabitating, or a recipient spouse dying can all be grounds for modification of spousal support or maintenance.
• Custody and Visitation — Courts can modify child custody or visitation provisions when there is a substantial change in circumstances, possibly involving one parent’s loss of a job, income change, or address change, changes to a child’s physical or emotional health, a custodial parent’s conviction for a violent crime or felony, or a custodial parent’s new relationships (such as a romantic partner).
• Allocation of Parental Responsibilities — Once an order allocating parental responsibilities is established, it cannot be modified for two years unless there is evidence of a child’s endangerment. Once the two-year period has elapsed, provisions could be modified for changes in circumstances or by parental agreement.

Enforcing Orders

Divorce decrees and support agreements are enforceable court orders, meaning spouses who violate the decrees by failing to pay child support or not allowing for court-ordered visitation can face legal ramifications. People can file petitions for contempt of court in these cases.

Common kinds of complaints may include failure to distribute marital assets, failure to pay spousal support, failure to pay child support, failure to comply with the allocation of parental responsibility, and failure to allow for parenting time or visitation.

Call Us Today to Schedule a Free Consultation with Our Illinois Post-Decree Modifications Attorney

If you are currently in need of help modifying your divorce decree because of a change in circumstances, you should be sure to retain legal counsel as soon as possible. You will want to get in touch with Brinkmeier Law, LLC, to discuss your specific case and immediately get legal guidance about steps to take right now.

Our firm understands how frustrating it can be for spouses to try and craft working agreements that meet all their needs, but we can also help people find answers to many of their problems. You may call (312) 291-4486 or contact us to receive a free consultation with our Illinois post-decree modifications attorney.