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Wheaton Post-Divorce Modification Attorney

Bloomingdale divorce and support order changes lawyer

Lawyers for Changes to and Enforcement of Divorce Decrees in Glen Ellyn and DuPage County

The divorce process can be complicated and stressful, and once it is over, you will most likely be ready to put it behind you and begin your new life as a single person. The last thing you probably want is to return to court to deal with additional legal issues. However, even though your divorce decree or judgment is meant to be permanent, you, your ex, or your children may experience changes in your lives, and this may require you to update the terms of your divorce. In other cases, you may find that your ex is not meeting their court-ordered requirements, and you may need to ask the court to enforce your divorce order. In these situations, a family law attorney can help you understand your options and offer the representation you need.

The attorneys of NN Legal Group provide knowledgeable and dedicated legal help both during and after the divorce process. We will offer practical advice on how you can resolve your legal issues, ensuring that you can make well-informed decisions about how to proceed with your case. Attorney Nicolas Nelson can put his years of experience to work for you, helping you protect your rights, advocating for your interests, and making sure you take the right steps to accomplish your goals.

Divorce Decree Changes and Modifications

In the years following the finalization of a divorce, either party can request changes to their divorce decree or judgment. Typically, these changes will involve updates to child custody arrangements or parenting time schedules, or they may involve modifications to the child support or spousal support payments made by one party to the other. When petitioning the court for post-divorce modifications, a person will usually need to demonstrate that a "significant change in circumstances" has occurred. These changes may include:

  • Increased or decreased income - The loss of a job, a disability, or unexpected medical expenses may make it difficult or impossible for a person to meet their obligations to pay child support or spousal maintenance, and in these cases, they may ask the court for a temporary or permanent reduction in their payments. Support payments may also be modified based on increases in income for either party.
  • New schedules or changing needs for children or parents - As children get older, they may follow different schedules at school, or they may begin to participate in sports or other activities, making it impossible to follow the parenting time schedule that was created at the time of the parents' divorce. A parenting plan may be updated to modify this schedule or to address other changes, such as new work schedules for parents or updated transportation arrangements for children. Parents may also need to make adjustments to their parenting plan based on changes in their lives, such as health issues that have affected their ability to care for their children.
  • Moving to a new home - While parents are generally allowed to move to a new home within their geographical area, certain rules apply when a parent who has an equal or majority share of the parenting time plans to relocate. Custodial parents who live in DuPage County and the surrounding areas will need to receive approval before moving to a new home that is at least 25 miles away from their current home. If the move will require a modification of parental responsibilities, parenting time, or other terms of a parenting plan, a family court judge will review the request and any objections from the non-moving parent to determine whether these changes will be in the children's best interests.

Divorce And Family Law Order Enforcement

A divorce decree or judgment is a legally-binding court order, and both parties are required to follow all terms that are put in place by the court. In some cases, one spouse may fail to meet their court-ordered obligations, such as by falling behind on child support or spousal support payments or refusing to follow the parenting time schedule. While it may be possible for ex-spouses to resolve these issues between themselves, a party may feel that they have no other option than to ask the court to enforce the divorce decree.

A family court judge may require an ex-spouse to make up any support payments that are owed, along with interest. If necessary, a person's wages may be garnished, or other methods can be used to collect these payments, such as placing a lien on the person's property or intercepting their tax refunds. If a person violates other terms of a divorce decree, the court may order them to comply with these terms in the future, or it may impose penalties, such as placing restrictions on a parent's parenting time. Repeated violations may result in a person being held in contempt of court, which can be punished by the suspension of a driver's license or professional license, fines, or even time in prison.

Contact Our DuPage County Post-Decree Enforcement and Modification Attorneys

At NN Legal Group, we can help you determine the best ways to approach post-decree matters. We will work with you to demonstrate why a modification is necessary or to ask the court to enforce the terms of your divorce. Contact us and set up a free consultation by calling 630-474-0925. We help clients address divorce-related concerns and other legal issues in Glen Ellyn, Villa Park, Lombard, Wheaton, Carol Stream, Bloomingdale, Glendale Heights, Addison, and DuPage County. Hablamos Español.

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