The most frequent changes include job loss or significant changes in income, relocation, remarriage, changes in a child’s needs (medical or educational), and shifts in parenting schedules. Other examples involve substance abuse issues, domestic violence, or when a parent consistently fails to follow the current order.
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Modification & Enforcement/Post-Decree Issues
Post-Decree Modification & Enforcement in Illinois
Unfortunately, for many divorced spouses, the divorce litigation does not stop following the entry of the Judgment for Dissolution of Marriage. In Illinois, a court proceeding that takes place after the entry of a Judgment for Dissolution of Marriage, Parentage Judgment, Judgment for Legal Separation, or other divorce decree is known as a Post-Decree or Post-Judgment Proceeding. The two (2) most common Post-Decree proceedings include those to Modify the Judgment or Enforce the Judgment.
In Post-Decree proceedings to Enforce the Judgment, one party files a petition with the court after the other party fails to satisfy or comply with his or her obligations under the Marital Settlement Agreement or Judgment. Most commonly, Post-Decree Motions for Enforcement relate to a party’s failure to pay child support, failure to pay maintenance (alimony), or failure to transfer or divide property as required under the Marital Settlement Agreement or Judgment. In these situations, it is important to retain the services of an experienced family law attorney, who can enforce the terms of the Judgment against the non-compliant party, and in certain situations, recover interest and/or attorneys’ fees for the willful non-compliance.
In Post-Decree proceedings to Modify the Judgment, one party files a petition with the court to alter, modify, or change the terms of the Marital Settlement Agreement or Judgment. Not all terms of the Marital Settlement Agreement or Judgment can be modified, nor can it be modified just because you do not like or are unhappy with its terms. Under Illinois Law, property settlements are final and not subject to modification. Whereas, child support modification, maintenance modification, the modification of allocation of parental responsibilities (custody), and modification of parenting time (visitation) may occur upon a showing of a “substantial change of circumstances.” The substantial change of circumstances must have taken place after the entry of the Marital Settlement Agreement or Judgment.Â
If unforeseen circumstances have taken place since the entry of your divorce decree that justify the modification of child support, modification of maintenance, modification of parental responsibilities (custody), modification of parenting time, or other terms, it is important to retain the services of an experienced family law attorney.
FAQs About Modification and Enforcement in Illinois
What are the most common examples of a "substantial change in circumstances" that can lead to modifications?
What are the penalties for violating a court order in Illinois?
Violating a court order can result in contempt of court charges, which may include fines, wage garnishment, asset seizure, or even jail time. The court may also modify custody arrangements or require the parties to make up for any missed parenting time. Each situation is unique, and penalties depend on the severity and frequency of violations.
What evidence do I need to support a modification request?
You’ll need documentation that proves substantial changes have occurred. This includes financial records, medical reports, school records, communication logs, photos, witness statements, and any police reports. The stronger your evidence, the better your chances of achieving a favorable modification.
Can my ex withhold parenting time?
Generally, no. Withholding parenting time violates court orders and can have serious legal consequences. The only exceptions are when a child’s safety is at immediate risk. If this happens, document everything and contact your attorney immediately to protect your rights and your child’s well-being.
What are the signs that my parenting time agreement is no longer working?
Red flags include frequent conflicts during exchanges, children expressing distress about transitions, one parent consistently canceling or arriving late, changes in work schedules affecting pickup times, or children’s needs evolving as they grow older. These situations often require legal intervention to create better arrangements.
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