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Naperville Divorce Decree Modification Lawyer

Plainfield post-decree modification attorney

Attorneys for Post-Divorce Enforcement in DuPage County

Once you have completed the divorce process, you will probably be ready to put this difficult time behind you and move on to a more positive situation. However, even after your divorce has been finalized, you may need to address a variety of legal issues. In some cases, you may need to pursue a modification of your divorce decree because of changes you have experienced, or you may need to take steps to ensure that your ex-spouse follows the terms of your divorce. An experienced family law attorney can help you address these issues properly.

At the Law Office of Ronald L. Hendrix, P.C., we have more than 35 years of combined legal experience, and we have worked with clients to address a wide variety of post-decree matters. Whether you need to update your divorce decree because of changes in your income, living situation, or needs, or you need to make sure your ex-spouse meets their court-ordered obligations, we can provide you with dedicated legal representation and help you achieve your goals.

Post-Divorce Modifications

Even though a divorce decree or judgment is meant to be final, either party may experience changes in their lives that could require the terms of the divorce to be updated. While decisions about the division of marital property typically cannot be modified after a divorce is finalized, it may be possible to modify other parts of a divorce decree if one or both parties have experienced a substantial change in circumstances. Terms of a divorce that may be modified include:

  • Spousal support - Changes in the income earned by either party may affect spousal maintenance payments. For example, if the person paying maintenance loses their job or experiences a decrease in income, they may ask for a modification to reduce the amount of the support payments.
  • Allocation of parental responsibilities and parenting time - There are a variety of reasons why parents may need to make changes to how they share responsibility for their children or the amount of time children spend with each parent. Parents or children's schedules may change as the children get older, requiring modifications to their parenting time schedules. A family's parenting plan may need to be updated because of a planned relocation by either parent to a new home, and depending on the distance of the move, court approval may also be required in these cases. As with all decisions about child-related issues in family law cases, courts will make decisions based on what is in the children's best interests.
  • Child support - A recalculation of parents' child support obligations may be necessary if either parent's income changes significantly or if there is a modification to the parenting time schedule. Child support may also need to be modified if there are changes to children's needs, such as a medical condition that would require parents to share in the costs of treatment.

Post-Decree Enforcement

A divorce decree or judgment is a legally-binding court order. This means that both parties are required by law to follow the terms of these orders. If your ex-spouse has not met their court-ordered requirements, you may need to take legal action to compel them to do so. In some cases, violation of a divorce decree could result in an ex-spouse being held in contempt of court, which could result in a variety of enforcement actions, such as payment of attorney's fees.

Some of the most common post-divorce violations committed by ex-spouses involve the failure to pay child support or spousal support. In these cases, the court may order that an ex-spouse's wages be garnished to pay support that is owed, or other actions may be taken, such as seizing funds in a bank account or placing a lien on property. Failure to follow the terms of a parenting plan can also require bringing an enforcement action in court to rectify, especially if a violation consists of interference with the other parent's parenting time.

Contact Our Will County Post-Decree Divorce Attorneys

If you have experienced substantial changes in your life, our lawyers can help you petition for a modification of your divorce decree. If your ex-spouse has violated the terms of your divorce, we can help you understand your options for enforcement, and we will provide you with representation and ensure that your rights are protected while resolving these issues. Contact the Law Office of Ronald L. Hendrix, P.C. at 630-355-7776 or 815-722-7050 to arrange your free consultation. We assist with post-decree matters in Naperville, Plainfield, Bolingbrook and throughout DuPage, Will, Kendall, and Kane Counties.

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