Kane County Divorce Modification Lawyer

Attorney Assisting With Modification and Enforcement of Divorce Orders

The divorce process can be lengthy, complex, and fraught with emotion, and once it is complete, both spouses are likely glad to have it finished and ready to move on to the next phase of their lives. However, while the decisions made during divorce are meant to permanently define how issues such as spousal maintenance, child support, and the allocation of parental responsibility and parenting time will be handled, people often experience changes in their lives that require them to make changes to their divorce decree. When one spouse does not meet their court-ordered obligations, enforcement of a divorce judgment may be necessary.

If you would like to modify your divorce decree, or if your ex-spouse is not meeting the requirements of your divorce order, understanding how the law applies to your situation is essential. At Swearingen Law Offices, Attorney Brad Swearingen believes in educating our clients about Illinois' divorce statutes, and he will work personally with you to go over the laws, answer your questions, and help you make the right decisions when you are seeking to modify or enforce your divorce decree.

Post-Divorce Modification

While decisions regarding the division of marital property cannot be modified after a divorce has been finalized, modifications to parental responsibility, parenting time, child support, and spousal maintenance can be made, if necessary. Either spouse may wish to make changes to their divorce decree for a variety of reasons, including:

• Either party may have experienced a significant increase or decrease in their income, requiring changes to the child support or spousal support they pay or receive.
• A party who experiences disability or increased healthcare expenses may be unable to meet their obligations to pay spousal support or child support.
• Either party may plan to get remarried, which can affect spousal maintenance.
• A parent may wish to have more parenting time or parental responsibility.
• Children may require additional financial support to meet their changing healthcare or educational needs.
• A parent may plan to move to a new home with a child.

While either party may petition the court at any time to modify their divorce judgment, a request will typically only be granted if they can demonstrate that one or both parties have experienced a significant change in their circumstances. Changes to the amount of child support a parent is obligated to pay can be modified without a change in circumstances if at least three years have passed since the child support order was created or last modified, and there is a difference of at least 20% between the amount of support in the current order and the amount that would be ordered using the guidelines defined in the current Illinois divorce statutes.

Divorce Judgment Enforcement

When a divorce is finalized, the divorce decree or judgment is entered into court records, and it is a legally binding court order. This means that both parties are required to follow its terms, and a party who fails to do so can be held in contempt of court, which can result in severe punishments, including fines and jail time. If your ex-spouse has violated the terms of your divorce order by refusing to give up marital property which was granted to you, failing to pay child support or spousal support, or not meeting their parenting time obligations, you can file a Petition for Rule to Show Cause, which will ask for them to be held in contempt.

Contact an Aurora Divorce Attorney

If you need to modify your divorce decree or ensure that your ex-spouse is meeting their obligations, it is essential to have an attorney on your side who can help you make sure the law is followed correctly. At Swearingen Law Offices, we will make sure you understand Illinois' divorce statutes and advocate for your interests in divorce modification and enforcement proceedings. Contact a Kane County divorce attorney today at 630-820-8877 to schedule a consultation. We serve clients in Aurora, Batavia, Naperville, and throughout Kane, Kendall, and DuPage Counties.