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Anderson and Associates, P.C.

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Orland Park Post Decree Modification Lawyers

Alsip child support change lawyers

Attorneys for Post Divorce Order Changes in Tinley Park, Palos Heights, and Oak Forest

Comprehensive divorce decrees can cover many needed aspects of a divorce at the time of the split, but circumstances of either party or their children can change. When these circumstances change, modifications to the divorce decree should be made. Anderson and Associates, P.C. can assist you in creating post decree modifications that you need for your current lifestyle. We also represent those looking to avoid modifications to their divorce decree.

Different Kinds of Post Decree Modifications

In the state of Illinois, modifications can be made in the following areas of a divorce decree: allocation of parental responsibility (child custody), parenting time (visitation), child support, and maintenance/alimony. For the court to grant post decree modifications, a party must demonstrate that there has been a significant change in the circumstances of the parties or their children. Changes in circumstances that may require a modification can include:

  • Changes in the financial situations of one or both parties (i.e., job loss or promotion)
  • A change in the marital status of one party
  • Changes in the educational or medical needs of dependent children
  • Concern for the security and well-being of dependent children
  • Desire of one parent to move to a different location
  • Preferences of children in respect to parenting time arrangements

In 2017, Illinois law was modified, redefining the method used to determine parents' child support obligations. While the amount of child support a parent would pay under the new law may differ from what they currently pay, a child support order cannot be modified unless a parent can show that there has been a significant change in circumstances. There is one exception: child support can be modified if it has been at least three years since the support order was last modified and if the amount of support calculated using the current law's guidelines is different by at least 20% from the amount currently being paid.

If one or both parents wish to modify the allocation of parental responsibility or parenting time, they may do so at any time if they both agree to the change and the court determines it is in their children's best interests. If the parents do not agree to the change, no modification to parental responsibility can be made within the first two years after an order was entered, unless a parent can show that a child's physical or mental health is in danger. Modifications to parenting time can be made at any time if a parent can demonstrate a change in circumstances.

The calmest and most cost-effective way to modify a divorce decree is through negotiation with both parties, but this is not always possible. Post decree modifications can often times be more difficult than the original divorce agreement. Our attorneys can represent your best interests and ensure your children are protected too.

Post Decree Enforcement

Legal action can be required if a former spouse does not comply with the original divorce decree set forth. If your ex-spouse is not paying child support or spousal maintenance in a full and timely manner, we can provide the representation you need to get things done. Also, if your ex-spouse is interfering with your parenting rights (dates or times specified in your divorce decree), our family law attorneys can help you. We can assist in the enforcement of orders through petitioning for wage garnishment or other court-enforced consequences.

If you need assistance with post decree modification or enforcement, contact our Orland Park family law attorneys today at 708-226-9904 to schedule a free consultation. We serve clients in Tinley Park, Mokena, Homer Glen, and throughout Cook County and Will County.

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