Post-Decree Modification and Enforcement
Compassionate. Experienced. Dedicated.
Post-Decree Modification and Enforcement
A divorce judgment is not necessarily the end of the case. Incomes change, parents move, children’s needs change, and sometimes a party simply stops complying with what the court ordered. Illinois law provides two distinct remedies: modification, which changes the terms of an existing order going forward, and enforcement, which compels compliance with the order as it already stands. We handle both, including for clients whose divorce was handled by another attorney or who represented themselves.
Modification of child support, maintenance, and parenting time generally requires a showing of a substantial change in circumstances since the last order. A significant change in either parent’s income, a change in the children’s needs, a job loss, a relocation, or a change in the actual parenting schedule can all qualify. Modification of the allocation of decision-making responsibility is subject to stricter statutory limits, particularly during the first two years after the judgment, where a higher showing is required. Child support orders may also be subject to periodic review independent of any change in circumstances.
Timing matters. Relief on a modification petition is generally not retroactive to a date before the petition was filed, which means that waiting to file after a job loss or a change in the children’s living arrangement can permanently cost you the relief you were entitled to. If your circumstances have changed materially, the petition should be filed promptly rather than after the situation has resolved itself.
Where a party is not complying, enforcement remedies are substantial. For unpaid support, courts may order income withholding, intercept tax refunds, suspend driver’s and professional licenses, impose liens, enter judgment for the arrearage with statutory interest, and hold the non-paying party in contempt. For parenting time violations, remedies include make-up parenting time, modification of the schedule, required counseling or parenting education, and contempt. In many enforcement cases the court may order the non-compliant party to pay the other side’s attorney’s fees. Attorney Marinov has handled post-decree matters in Illinois courts for over twenty years. Contact our office to discuss whether modification, enforcement, or both are appropriate in your case.
What Our Clients Say
“Mr. Marinov is an excellent lawyer. He is highly professional, very kind to his client and always willing to listen to the client very patiently. He will always follow up the case and keep in touch with the client.” — James C.
Common Questions
Can my divorce judgment be changed?
Support, maintenance, and parenting provisions can generally be modified on a showing of a substantial change in circumstances. The division of property in a final judgment, by contrast, is generally not modifiable.
What counts as a substantial change in circumstances?
There is no fixed list. Common examples include a significant change in either party’s income, a job loss, a change in the children’s needs or living arrangements, a relocation, or a change in the actual parenting schedule.
How quickly do I need to file?
Promptly. Relief is generally not retroactive to before the date the petition is filed, so delay can permanently cost you months of relief you would otherwise have received.
Can child support be reviewed even without a change?
Illinois provides for periodic review of support orders in certain circumstances independent of a change in circumstances. Whether that applies depends on your order and the involvement of the state child support agency.
Can decision-making responsibility be changed?
Yes, but the standard is stricter than for parenting time, and there are specific statutory restrictions on modification within the first two years after the judgment absent serious endangerment.
The other parent is not following the parenting schedule. What can I do?
File a petition to enforce. Remedies include make-up parenting time, modification of the schedule, required parenting education or counseling, contempt, and an award of attorney’s fees.
My ex has stopped paying support. What are my options?
Enforcement remedies include income withholding, tax refund interception, license suspension, liens, entry of judgment for the arrearage with statutory interest, and contempt proceedings.
What does it mean to hold someone in contempt?
It is a finding that a party has willfully failed to comply with a court order. Consequences can include fines, an order to pay the other side’s fees, and in serious cases incarceration until the party complies.
Does past-due support go away over time?
No. Child support arrearages are not dischargeable in bankruptcy and do not simply expire. They accrue statutory interest and remain collectible.
You did not handle my divorce. Can you still help?
Yes. A significant share of post-decree work involves clients whose original attorney is no longer available or who handled the divorce themselves.
Can I stop paying if I am being denied parenting time?
No. Support and parenting time are separate obligations. Withholding support because you are being denied time will expose you to enforcement rather than help your position. File to enforce the parenting order instead.
What if my ex moved out of state?
Illinois may retain jurisdiction over your case, and interstate enforcement of support and parenting orders is well established. The specifics depend on where the parties and children now live.
What documents should I bring to my first consultation?
Any court papers you have been served with or have filed, recent pay stubs and tax returns for both spouses if you have them, a list of significant assets and debts, and any existing court orders or agreements.
