Going through a divorce is never easy. The process is often stressful, frustrating, and emotionally draining. At the conclusion of a case, many clients feel sadness along with a tremendous sense of relief. Unfortunately, it is not always the end of the process. When the parties have ongoing obligations to each other—such as spousal support or child support—they may end up back in a legal dispute, potentially dealing with the enforcement or modification of those obligations.
I am a partner at Harrison LLP, and a skilled Chicago divorce attorney. With more than 30 years of experience assisting clients with post-divorce enforcements and modifications, my mission is to protect your rights and help you find the best solution. Family law cases are time-sensitive. I am ready to get started today. Call my Chicago office at (312) 621-5234 or send me a message online to set up your completely confidential initial consultation.
WE HANDLE ALL TYPES OF ENFORCEMENT & MODIFICATIONS IN ILLINOIS
As a highly rated Chicago divorce lawyer, I am focused on helping my clients obtain the best possible outcome in their cases. With over three decades of experience in family law, I have handled many post-divorce enforcement & modification issues. Drawing on my previous work as a Certified Public Account (CPA) and tax attorney, I am uniquely adept in assisting clients with complex financial matters. Among other things, I have experience with:
- Spousal Support Enforcement & Modifications: In Illinois, spousal support may be awarded for a pre-defined duration or indefinitely. Regardless of the type of alimony, the obligor (paying spouse) has a legal responsibility to make payments in full and on time. If circumstances have changed substantially since the agreement or order was entered, a modification may be appropriate. Call my Chicago office today to get more information about spousal support modifications in Illinois.
- Child Support Enforcement & Modifications: Illinois has child support guidelines in place to determine the proper parental contributions. If a parent fails to meet their child support obligations, enforcement action can be taken, potentially including wage garnishment, asset levy, or even a criminal charge. That being said, a parent who genuinely cannot pay may be entitled to a modification. In Illinois, Child support can be modified if the underlying financial circumstances of one or both parents have changed to render the previous agreement or order inequitable.
- Child Custody Enforcement & Modifications: When going through a divorce or a legal separation, parents will come to a plan that outlines the allocation of parental responsibilities and parenting time (custody and visitation). A custody agreement or custody order is legally enforceable in Illinois. Parents have a duty to abide by it. Failure to do so may result in sanctions, potentially even including the loss of parental rights. At the same time, a parenting plan can be modified if circumstances have changed.
POST-DIVORCE ENFORCEMENT IN ILLINOIS: AN OVERVIEW
Unfortunately, a family law settlement or a court order is not always sufficient to get results. In some cases, your former partner may simply not comply with their responsibilities under the terms of the arrangement. Alternatively, they may initially comply for a while, before suddenly stopping. Most often, this occurs with spousal support payments and child support payments. One of the primary advantages of having a court order in place is that you obtain the ability to take action against another party for a violation.
Still, enforcing an order/agreement is easier said than done. If your former partner is failing to satisfy their duties under a binding court order, our post-divorce enforcement attorneys in Chicago can help. We are prepared to review your case, explain your options, and develop a strategy to enforce the order. In financial cases, there are often multiple options available, potentially including wage garnishment, asset seizures, bank levies, and even contempt of court findings. It is imperative to establish and assert your rights. The longer a violation is allowed to persist, the harder it is to fix the problem.
POST-DECREE MODIFICATIONS IN ILLINOIS: AN OVERVIEW
In Illinois, many ongoing family law obligations are subject to modification. You may be able to get spousal support, child support, or child custody modified. To be clear, courts are by no means required to allow a modification. A family law modification proceeding does not allow for a “second bite” at the apple. Illinois courts are not interested in re-litigating legal issues that have already been resolved. To obtain a post-divorce child support modification or post-divorce spousal support modification, a petition generally must prove a substantial change in circumstances.
As an example, consider Child support or spousal support modification. Under Illinois state law (750 ILCS 5/510), child support and alimony obligations may be modified if the petitioning party can prove a change in circumstances that is both significant and not anticipated when the order/agreement was put into place. Typically, this is a job loss, medical issue, or other circumstance that substantially alters the financial means of one of the parties. If you have any specific questions about your rights or your options, please contact our post-divorce modification attorneys in Chicago for help.
POST-DIVORCE ENFORCEMENT & MODIFICATION: FREQUENTLY ASKED QUESTIONS (FAQS)
What Issues Can Be Addressed in Post-Divorce Matters?
In Illinois, post-divorce matters are generally restricted to ongoing obligations. Courts do not want to re-litigate the same issue. For example, a property division order is generally not subject to modification. Parties can file an appeal, but they cannot modify a valid legal order. In contrast, ongoing duties, such as spousal support, child support, and child custody/visitation, can be modified if the circumstances warrant doing so. If you have specific questions about Illinois post-divorce modifications and settlement enforcement, our Chicago family lawyer can help.
How Do I Enforce a Family Law Order?
If your former partner violated your family law rights, you should take swift action. Of course, that does not mean that you need to run to the nearest Illinois court and file a lawsuit. The first step may be to document the violation and notify your former partner that they should rectify the issue. From there, it is best to set up a consultation with an experienced Chicago family law attorney. An attorney will help you determine the best path forward. In some cases, they may be working towards a settlement to resolve the outstanding violation (such as past due child support). In other cases, you may need to take enforcement action in court.
What Is a Substantial Change in Circumstances in An Illinois Divorce?
A substantial change in circumstances is the basis of the Illinois family law modification standard for child support and maintenance. In effect, there are two key elements to this standard. First, there must be a ‘change’ in circumstances. A party who is seeking a modification must prove that something has changed that was not and could not have reasonably been anticipated at the time settlement was reached or court order was entered. In other words, there must be a new material fact that was not knowable when the support or custody arrangement was put in place.
Beyond that, a change must be “substantial”—meaning the change is large enough that it renders the initial settlement or court order inequitable or impractical. What constitutes a substantial change in circumstances can vary. Some examples include job losses, large changes in income, medical issues, and relocations. Of course, it is not always so clear whether a change in circumstances meets the standard. Indeed, over the years, there has been plenty of litigation in Illinois over this issue.
WHY HIRE CHICAGO FAMILY LAWYER MICHAEL C. CRAVEN
Post-divorce enforcement and modifications are complicated. If you have questions about your rights or options, you are certainly not alone. Professional support is available. Michael C. Craven is an experienced, reliable family law attorney. He is ready to take immediate action to protect your legal rights. When you call our Chicago office, you will speak directly to an Illinois post-divorce enforcement and modification lawyer who will:
- Conduct a comprehensive review of your family law case;
- Answer any questions that you have about enforcement/modification under Illinois law;
- Investigate the matter—gathering financial records and other evidence; and
- Craft a legal strategy focused on getting you the best results.
Whether you are trying to enforce an order or agreement or seeking a modification, you need an attorney who will put time, resources, and energy into your case. Family law issues should always be handled on a case-by-case basis. You deserve personalized representation. We are ready to get started, advocating for your rights and helping you find the right solution.
CONTACT OUR CHICAGO POST-DIVORCE MODIFICATION LAWYERS FOR HELP
Michael C. Craven is an experienced post-divorce modification lawyer. He has the skills and knowledge to handle the full range of family law cases. If you have any questions about the process, we are here to get you answers. Contact us today at (312) 621-5234 to set up your strictly confidential initial consultation. With a law office in Chicago, we offer family law services throughout the entire Chicago area.
