Post-Decree in Illinois Family Law Issues

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After a divorce or other family law issue has been finalized, it is not uncommon for one party to accuse the other of failing to meet the conditions of the final decree. Similarly, it is also not uncommon that new issues may arise that still require legal action.

Post decree is an area of law designed to deal with changing circumstances or non-compliance with court rulings subsequent to divorce. Situations providing grounds for post decree may include: failure to pay child support or spousal maintenance; denial of visitation; failure to turn over awarded property; and changes in circumstances affecting child support or child custody.

Enforcement of the original judgment is a common post decree issue. When a party fails to comply with the original judgment, the court may take disciplinary action. For example, if your spouse fails to pay court-ordered child support, a judge may order garnishment of the non-payer’s wages, or put a lien on the non-payer’s property.

Oftentimes, people encounter significant changes in circumstances that make it difficult to follow the terms of their court order. Typically, people lose their jobs and are unable to continue paying the court ordered amount of spousal maintenance or child support.

It is important to remember that you should continue making the payments until a judge tells you otherwise. In order to get the judge to agree to a modification, you must prove that you have experienced a significant change in circumstances.

A significant change in circumstances also occurs when a former spouse’s financial situation improves. This may be grounds for reducing or increasing the payments you have to make, depending on what party’s financial situation has improved. This is a situation where you definitely want to speak with an experienced divorce attorney with experience in post decree modification.

An experienced attorney will be able to assist you in all of your post-decree needs. If you have any questions regarding your specific situation or would like a referral to an experienced attorney for your post decree needs, please contact us. All calls are free and confidential.