Divorce Decree Enforcement Lawyers
While divorce settlements and judgments strive to address the current and future needs of the parties involved, there is leeway to make modifications as necessary over time. Family and financial circumstances often require renegotiation or re-litigation of certain terms to meet present needs. Likewise, when one party does not fulfill the terms of a divorce settlement or judgment, the other party may need to pursue legal options for enforcement.
At the Illinois law firm of Kezy & Associates, we are skilled in handling post divorce modifications and enforcement. Our divorce lawyers strongly advocate for the needs of our clients and their children in and out of court.
Illinois Divorce Order Modification
In Illinois, the law allows either party in a divorce to petition the court to make changes to an existing settlement or judgment. Certain divorce orders can be modified if and when necessary, including:
- Child Custody and Visitation arrangements;
- Child support; and
- Alimony and spousal maintenance.
In order for the court to grant a modification to any of these orders, the petitioner must prove there have been significant changes in the life of one or both parties, and that those change are long-term changes. Acceptable reasons of obtaining a modification include:
- Significant change in one person’s income, for better or worse;
- One party develops health problems or becomes disabled;
- One party remarries;
- One parent wishes to relocate with the child;
- The child wants to live with the other parent; or
- The medical or education needs of the child change.
The court will consider the best interests of the child before all other factors when making decisions about custody and child support.
Enforcement of Divorce Order in Illinois
When the other party in your divorce fails to abide by the terms of your settlement or judgment, you have legal recourses. There are three main ways that you can compel your former spouse to execute the terms of your decree properly, including:
- File for civil contempt;
- Pursuing criminal charges; and
- Using collection procedures.
If you are in need of experienced assistance modifying or enforcing an existing divorce order, contact us to schedule a free consultation to discuss your legal options. We work with our clients throughout the duration of their divorce proceedings and after.