2015 Spring Road, Oak Brook, IL 60523

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Botti Marinaccio, LTD.

DuPage County Post-Divorce Modification Attorney

Western Springs Post-Divorce Judgment Enforcement Lawyer

Law Firm For Modifying or Enforcing a Divorce Decree or Judgment in Hinsdale and Surrounding Areas

When a divorce is finalized, the divorce decree or judgment of dissolution of marriage will specify the exact terms agreed upon or made by a court regarding issues such as property division, allocation of parental responsibility and parenting time, child support, and spousal maintenance. This decree is considered the law of the case and is final. It is meant to remain in place permanently; however, people's circumstances often change, requiring explanations for non-compliance or the need to modify the divorce decree to conform to the changed circumstance.

At Botti Marinaccio, LTD., our attorneys have over 100 years of combined experience in family law, and we can help you understand your legal requirements and advocate for your best interests when you are petitioning to modify your divorce judgment. If your ex-spouse is not meeting their court-ordered requirements, we can help you understand your legal options for enforcement.

Divorce Decree Modifications

Common reasons for requesting a modification of a divorce decree include:

  • One party has experienced a significant increase or decrease in the income they earn.
  • Children's essential needs, including healthcare or education, have changed.
  • A parent wishes to relocate to a new home and community with their child.
  • A parent wishes to make changes to the allocation of parental responsibility or the allocation of parenting time.
  • One party plans to remarry, or a party is involved in a significant relationship with another person.

A parent who wishes to modify the amount of child support paid or received must demonstrate that there has been a "substantial change in circumstances" warranting the modification. A modification of child support can be requested if a substantial change in circumstances has occurred in the income or needs of either party or a child since the last child support order was entered or last modified.

An ex-spouse who wishes to modify the amount of spousal maintenance paid or received must also show that there has been a substantial change in the income and/or needs of either party. Illinois law provides several factors that a court should consider when determining whether a modification of maintenance is appropriate. These factors include:

  • Changes to either party's employment status or the amount of income they earn, including whether these changes were made in good faith.
  • Whether the party receiving maintenance has made reasonable efforts to become financially self-supporting.
  • Any impairments to either party's earning capacity.
  • Property which was awarded to each party during the divorce or which was acquired by each party after the divorce.
  • The tax consequences of maintenance payments for each party.
  • The duration of past and future maintenance payments relative to the length of the marriage.

Divorce Order Enforcement in Illinois

A divorce decree is a legally binding court order, and both parties are required to comply with and abide by its terms. Unfortunately, ex-spouses occasionally violate these terms by not timely paying child support or spousal maintenance in full, refusal to relinquish property to the other spouse, or failing to meet their obligations regarding parental responsibility and parenting time. An ex-spouse who does not comply with the terms of their divorce decree may be the subject of a contempt of court proceeding, which can result in non-compliance with the ordered terms of the divorce or, if the non-compliance is intentional, a fine or jail time.

Contact an Oak Brook Divorce Lawyer

If you need to modify your divorce order to meet your changing circumstances, or if you need help making sure your ex-spouse meets their court-ordered obligations, the attorneys of Botti Marinaccio, LTD. can help you understand your legal options and advocate for your interests in court. The law firm of Botti Marinaccio, LTD. solves problems through successful negotiations or, if necessary, at trial through a judge's decision. Contact our DuPage County divorce attorneys at 630-575-8585. We serve clients in Oak Brook, Downers Grove, Wheaton, Elmhurst, Burr Ridge, and throughout DuPage, Cook, Kane, and Will Counties.

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Botti Marinaccio, LTD.

630-575-8585

2015 Spring Road, Oak Brook, IL 60523

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