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Geneva, IL Divorce Order Modification Attorney

Sugar Grove post-divorce enforcement and modification attorney

Lawyer for Modifying and Enforcing Child Support, Spousal Support, and Child Custody in Kane County

In many ways, divorce is an ending. It represents the end of your marital relationship with your spouse, along with the end of your financial affairs being intertwined. However, your divorce resolution may not represent the end of the legal challenges you will encounter. Elements of a divorce order like spousal maintenance, child support, and child custody are ongoing, and as such, you may find that you need to take action to enforce or modify their terms after your divorce.

At Loire Krajniak Law, LLC, we know that it can be difficult to navigate a dispute with your former spouse, or to uphold the terms of your divorce order as your life changes. We can help you through these challenges by representing you in post-divorce matters including petitions for enforcement and modification. We have seen many of the common issues that former spouses face throughout our 10 years of legal experience, and we can help you take the appropriate action to address them.

Enforcing an Illinois Divorce Order

A divorce resolution includes many terms that the parties are legally obligated to abide by. For example, if a spouse has been ordered to pay child support or spousal support, they must ensure that those payments are made on time and in full. Parents must also abide by the terms of the allocation of parenting time and responsibilities, including by communicating and consulting with the other parent as required, taking responsibility for the children during scheduled parenting time, and making timely exchanges to allow the other parent their allocated time with the children.

If your former spouse fails to uphold any of the terms of your divorce order, you may be able to resolve the situation by talking to them and working out your own solution. However, if the violations continue, you may need to file a petition for enforcement in court. In your petition, you should clearly describe the terms your former spouse has violated and the remedies you are seeking.

Illinois courts can use several consequences to enforce a divorce order, including but not limited to:

  • Ordering the person to make up late support payments with interest
  • Ordering the person to provide the other parent with make-up parenting time
  • Placing limits or restrictions on the person's parenting time
  • Ordering the person to pay the other party's attorney fees and court costs
  • Charging the person with contempt of court and assessing fines and jail time

If your former spouse has filed a petition for enforcement against you, we can also help you resolve the situation to avoid facing these penalties.

Modifying a Divorce Order

Although it is important to follow the terms of your divorce order, there are situations when you may find that doing so is no longer reasonable or relevant. Fortunately, it is possible to modify many of the terms of your order in the years following your divorce. In order to modify your divorce order, you will need to file a petition with the court and either submit an agreement you have reached with your former spouse, or demonstrate that a modification is necessary due to a substantial change in circumstances.

Some common reasons for divorce order modifications include:

  • Job loss or a change in your income that makes it more difficult to pay child support or spousal support
  • A change in your child's needs that will require more financial support from the other parent
  • A change in your earning ability that means you will need to rely on spousal support for a longer period of time
  • A change in your schedule or your child's schedule that interferes with your current parenting time arrangement
  • A move to a new location that will change your child's routine

We can review your situation with you to determine whether a modification is possible, and we will work with you to update your divorce order as needed by negotiating a resolution with your spouse or making your case in court.

Contact a Yorkville Post-Divorce Issues Attorney

If you need legal guidance and representation after your divorce, we can help you address the issues at hand. Contact us today at 630-448-2406 to schedule a free consultation. We serve clients in Yorkville, Geneva, Sugar Grove, and Kane County.

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