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.
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.
Attorney Sara Nolan and Mackenzie were truly a God send in my life. They helped me navigate through the divorce process and were extremely knowledgeable. I am so glad I didn't have to go through this divorce process alone. If you are going through a divorce please reach out! You…
A big thank you to Mr. Maurer and his legal team! Not only was his office finally able to settle my divorce, they also saved me money!! From the bottom of my heart thank you for your care and professionalism! Your attention to detail & kindness helped me through a…
Christopher Maurer helped guide me through an emotionally challenging legal process...always answering my (many) questions with careful consideration and good humor. I believe my case resulted in the best possible outcome and I will be sure to contact him should I need counsel in the future.
Chris did a great job listening and educated me throughout the process. He always kept my child's best interest as the focus.
I highly recommend Christopher Maurer to anyone in need of an experienced attorney. Mr. Maurer quickly assessed my situation with a divorce matter. He set forth a direct, clear path to secure my legal entitlements. Mr. Maurer consistently kept me informed during the process. His impressive grasp of the law…
To request a consultation, please fill out all fields, and we will follow up with you momentarily to set up an appointment.