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.
Chris took good care of me during my case, answered all my questions, and wrapped things up in a timely fashion. He gave me peace of mind throughout the process. I was very happy with the results, and recommend him to all of my friends.
He was very informative. Gave detailed and concise answers to my questions. Most importantly, he talked to me and not at me. Something I truly appreciated..
Sarah represented me in modifying a complicated child support/joint parenting agreement. She did an exceptional job and guided me through every step of the process. She is very knowledgeable, dedicated and an excellent person to work with. She always promptly returned my calls/emails same day. She is so personable and…
She is a standout attorney. Attorney Nolan handled our Civil Union Dissolution. She really knows how to satisfy her client's needs. She was a great listener. Her promptness and attention to detail meant everything to our case. She presented options we had not concerned. A plus was her ability to…
Robert Boszko was outstanding ! When starting the divorce process, I went through every possible emotion. Robert, from start to finish was extremely calm, cool, and collected. He is extremely knowledgeable in his profession and truly cares about and wants the absolute best outcome for his client. There were a…
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