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IL divorce lawyerIt is important, when going through the divorce process, to be as thorough as possible when addressing things like property division, alimony, and child custody, which includes considering one’s future needs. Unfortunately, even parties who use the greatest care could end up overlooking an important matter. In other cases, one of the parties could undergo a significant life change that makes their current divorce agreement unworkable. In these cases, the party in question can seek a post-judgment modification, although doing so can be a complicated and time-consuming process, so if you have questions about changing a parenting plan, alimony agreement, or property settlement, you should speak with a DuPage County, IL divorce attorney who is well-versed in post-decree modifications and enforcement.

Modification Options

Divorce decrees are legally binding orders, so courts are generally wary of modifying their terms. In fact, in some cases, it just isn’t possible to change a decree at all. Illinois judges do, however, recognize that some things are out of our control, or that a person’s circumstances could change after a certain amount of time has passed. A child support arrangement that made sense even a few years ago, for instance, may become obsolete or unworkable, in which case, a court may be willing to review and change the terms of the agreement. In any case, there are really only two ways to modify the terms of divorce-related agreements: by agreement or court order.

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IL divorce lawyerWhen a court order is established regarding child support payments or child custody, it is meant to last, but that does not mean it is not subject to alterations. In the state of Illinois, post-decree modifications are common in court order surrounding divorce. Whether you are looking to adjust your child support or child custody order, it is important to understand the steps you need to take to ensure those changes can be made. The most critical step you can take in this process is hiring a skilled attorney with experience in cases of post-decree modifications.

Understanding Post-Decree Modifications

At the conclusion of a divorce case, a judge will sign an order or decree that will resolve various issues surrounding the divorce. In order to seek a modification to the order, you will need to file a motion. If you believe changes are necessary to the order, it is important to file the motion in a timely fashion. It should be noted that in order to seek post-decree modifications you and your attorney must be able to note significant changes that have occurred since the time of the initial order. In issues of child support, these changes most commonly revolve around changes in either parent’s income. If you are paying child support to your former spouse and you lose your job, you should file a motion to adjust the amount of child support owed, rather than being delinquent on your child support payments.

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IL family lawyerWhen a judgment is made in a couple’s divorce, many people feel a level of relief as they move toward a life of independence. Unfortunately, a number of issues can arise post-divorce that can lead to complications with your former-spouse. Whether your former spouse is failing to pay child support payments in full or on time or one party is seeking a post-judgment modification to the child custody or support agreement, you need to take the situation seriously. If you are facing post-divorce complications, speak with a compassionate and experienced divorce attorney regarding your options.

Post-Divorce Issues Pertaining to Children

When it comes to parenting time and responsibilities, it is not uncommon for a parent to violate the court-ordered agreement. The most common violations include consistently running late to drop off or pick up children, preventing a non-custodial parent from visiting the child during agreed-upon visitation times, and overstepping legal custody agreements by making unilateral decisions on the child’s schooling or extra-curricular engagements. If you begin to notice a trend of violations, begin documenting the details surrounding the violations. If the violations continue, it is time to speak with your attorney. In serious cases, your attorney may pursue a modification to the original custody agreement.

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IL family lawyerAfter a divorce is finalized, most parties feel a certain level of relief. Officially starting a new life independent of your partner is the start of something new but it can come with some unforeseen challenges. In many cases, a recently divorced person will be mandated to pay child support to their former spouse. If one is unable to consistently make their payments in full and on time, they could face serious consequences. If you are unable or unwilling to pay your child support payments, it may be time to look into modifying the payment plan. For more information on what steps to take to modify your child support payment plan, speak with a knowledgeable legal professional today.

How to Modify Your Child Support Payment Plan

If you are unable to pay your child support, it is time to act. Not only can an inability to make payments result in potential garnishment of wages, one can potentially face the loss of driving privileges, significant fines, and even possible jail time. Recognizing this, you need to contact a legal professional as soon as you recognize that you are unable to make your payments.

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IL divorce lawyerThe amount of money a non-custodial parent is required to pay for their minor child is called child support. Child support calculations in Illinois are based on both parents’ incomes as well as their parenting time and parental responsibility.

Although child support payments typically end when a child turns 18 or 19 and has graduated from high school, there are some situations where a parent may be required to provide their child with financial support beyond age 18 or 19. These situations include:

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