What Happens After Your Divorce Becomes Official
When a final divorce decree has been issued, it is seldom the end of the matter. There are times when one party is not following the terms and conditions of the decree. Other times, there are significant changes in the circumstances of one or both parties that require a modification. In either case, the guidance of a skilled family law attorney is critical in ensuring that your interests are protected.
The majority of post-decree non-compliance issues involve ex-spouses that fail to pay alimony/maintenance or child support, or ex-spouses that violate a child custody or parenting time arrangement. In such cases, post-decree proceedings may be necessary to compel the court to enforce the terms and conditions of the original decree.
Make Sure Your Agreements Continue To Work For You
A post decree modification may impact several areas of the divorce, including:
- Alimony/Maintenance: Spousal support payments may need to be altered if the paying spouse is having financial difficulties and is no longer able to maintain the level of support laid out in the original agreement. Also, if the receiving spouse is remarried, they may no longer have a need to receive alimony payments.
- Allocation of Parental Responsibilities (Formerly Child Custody): Work schedule changes and/or a move out of the area may be valid reasons to seek a modification of the custody and/or parenting time arrangement.
- Child Support: When the non-residential parent has a significantly lower income due to a financial hardship, it can impact his/her ability to keep up with the child support payments. Rather than becoming delinquent, it is best to petition the court to have the support payments lowered. There are also financial issues such as college expenses that may need to be worked out during a post-decree proceeding.
Your Obligation To Your Child’s Higher Education
When a divorce is finalized, the issue of who will cover the post-secondary education expenses of the children can be left unresolved. As of January 1, 2016, changes to the Illinois Marriage and Dissolution of Marriage Act (IMDMA) have made it so that both parents must contribute to the college experiences of their child. There is also a new section of the law outlining the termination of the obligation to contribute to educational expenses when the child is 23-years-old unless good cause can be shown. Once the child reaches 25, however, the obligation will end regardless of circumstances.
Contact Our Skilled Lawyers
Our attorneys deliver the quality, personalized service our clients deserve. Here at Reich, Jumbeck, Stole & Reeb, we work tirelessly to bring your case to a favorable resolution, assuring the provisions of your divorce decree are carried through. If you need high quality representation for post-decree divorce proceedings, use our email form to get in touch, or call us at 815-770-2669.