Modification and Enforcement of Divorce Orders in Illinois

 Posted on February 10,2023 in Order Modification

Going through a divorce is a difficult and taxing process. After completing the stressful divorce process, a person may hope to finally be able to put this experience behind them. However, there are situations where issues related to divorce may arise later. Divorce settlements strive to address the current and future needs of the parties involved. 

There is, however, consideration for parties to make modifications that may be necessary over time. Family and financial circumstances often require renegotiation at certain times to meet present needs. This follows if one of the parties does not fulfill the terms of the divorce settlement. In this case, the other party needs to pursue legal options for enforcement.  

Modifications 

In the state of Illinois, either party is allowed to petition the court to make changes to existing family law orders related to concerns such as child custody, visitation, child. support, or alimony. These orders can be modified when it is necessary divorce orders, but for the court to grant these modifications, the party requesting these changes must have a valid reason for wanting to make these changes.They must prove that there have been significant long-term changes in the life of one or both parties, including;

• Change in a person's income (for better or worse) 
• One of the parties develops health problems or becomes disabled
• One of the parties remarries
• The child wants to live with the other parent 
• The child’s medical or educational needs have changed

The court will ultimately determine what is in the best interest of the child before deciding on any other factors. 

Enforcement 

In the case when the other party violates or fails to abide by the terms of an agreed settlement, this can cause legal ramifications. This includes not paying alimony or child support, or not allowing for court-ordered visitation. If the party has failed to make payments, a judge may issue an order requiring them to pay any support or alimony that is owed. If they still refuse payment, they may face consequences such as being placed on probation, suspension of a driver's license, and even spending time in jail. If a party fails to follow the visitation schedule by refusing to allow a child to spend time with the other party when it is required, they may be required to attend a parental education program, pay a cash bond that will comply with a child custody order, or allow the other party to make up that time they missed with their child. Similar consequences of probation, prison, or driver's license suspension may also be ordered for violating the parental visitation schedule.

Contact a Kane County Family Law Lawyer 

At the Law Office of Matthew M. Williams, we know how difficult divorce can be, especially when you have to deal with changes that need to be made after the divorce. Aurora child custody attorney Matthew M. Williams has 15 years of legal experience working with child-related legal issues even after your divorce is finalized. If you need experienced assistance modifying or enforcing an existing settlement, call 630-409-8184 and set up an initial consultation. 

Source: 

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000220K616