Post-Decree Modification Attorneys in Will County
Joliet Lawyers for Post-Divorce Judgment Issues
Divorce can be a complicated process. At the Davi Law Group, we realize that the challenges rarely end when the decree of divorce is granted. In many cases, they are just beginning. Our attorneys handle the concerns of divorce throughout every stage, from preliminary filings all the way through post-divorce matters. As your life continues to evolve after divorce, you may need to consider a post-judgment modification. We will work with you to identify your available options and to find the best approach to meeting your needs.
Committed Attorneys for Illinois Divorce Modifications
Serious changes to your life or circumstances sometimes require an existing court order to be modified. Modifications may be needed for child custody arrangements, visitation orders, and required payments of child support or spousal maintenance. It is important to seek a modification before falling behind or violating your obligations, and our team is dedicated to helping you stay compliance with the law. If you are experiencing trouble with court-mandated requirements, we can provide the legal advice you need and will work with you to seek a modification. Common reasons for order modifications include:
- Loss of employment or reduction in wages;
- Health issues, including serious illness or injury to a parent or child;
- Relocation, including moving out of Illinois with a child;
- Post-secondary educational expenses for a non-minor child;
- Abuse or the threat or likelihood of domestic violence;
- Loss of heath care coverage or medical benefits; and
- Devaluation of property or business interests.
If changes such as these are impacting your ability to comply with the terms of your divorce decree, you need to report them as soon as possible. Failure to do so can result in the appearance of willful order violation, potentially leading to penalties including fines, wage garnishment, and incarceration. Let us help you. We will go to work immediately in addressing your changing circumstances.
Many of the most commonly modified orders are governed by the Illinois Marriage and Dissolution of Marriage Act, (IMDMA). Section 510 provides for the modification and, in some cases, termination of a child support or maintenance order. To qualify for a modification, a party must show a significant change in circumstances, or that a recalculation based on the statutory guidelines would result in a 20 percent difference from the existing order.
Similarly, Section 610 of the IMDMA addresses custody and visitation order modification. Within two years of the effective date of the order, only serious endangerment to the child would provide sufficient grounds for modification. After two years, a substantial change in circumstances must be shown, and the court will consider a modification based on the factors provided the IMDMA Section 602 regarding the best interests of the child.
Post-Decree Concerns in Naperville and Bolingbrook, Illinois
While most modifications are requested due to life changes, some are the result of a dispute regarding the decree itself. The attorneys at the Davi Law Group can help you consider the credibility of such a request and advise you of the applicable time limitation and other necessary considerations.
If you are struggling to comply with the orders set forth in your divorce agreement, or the orders are no longer meeting your need or those of your child, contact our office. We offer a “meet and greet” consultation, a value of approximately $325.00, at no cost to you. With offices in Joliet, Wheaton, Naperville, Plainfield, and Chicago, we are proud to serve Will County and the rest of Northern Illinois.