Post-Decree FAQ
What does decree mean? It is an official order issued by a legal authority. Post-decree proceedings can occur after a divorce, dissolution of marriage, judgment of paternity, or legal separation have taken place. Typically, these proceedings modify aspects of a divorce decree, such as property allocation, child support, allocation of parental responsibilities, spousal maintenance, etc. Read on to learn more about post-decree proceedings and when it’s necessary.
What is a Post-Decree Dispute?
What does decreed mean? A decree is an order handed down by a judge that settles issues in a court case. A post-decree dispute can arise when unexpected circumstances occur for either former spouse. Many couples believe that once a divorce is complete, all decisions are final. However, that is not the case. Finances, lifestyle, and other circumstances can change with very little notice. So, even after a divorce is finalized in Illinois, there may be times where the courts need to still step in and intervene to settle a post-decree dispute.
Family Court Post-Decree Modifications
To have post-decree modifications approved by the courts, the petitioner must show evidence of significant changes to family structure or financial situation. Common situations where a post-decree modification may be granted include:
● One ex-spouse becomes disabled and can’t work
● One ex-spouse has received a substantial salary increase
● One ex-spouse has lost his or her job or earns a substantially lower income
● One ex-spouse gets remarried or has another child
● The needs of the child involved change, including medical or educational needs
● The child wants to live with his or her other parent
● One parent wants to move out of state.
Which Areas of Divorce Can Post-Decree Modification Affect?
Here’s a look at the most common areas affected by post-decree modifications:
● Alimony/Maintenance: Post-decree modification of spousal support should meet standards set by the Illinois Marriage and Dissolution of Marriage Act. If, for example, one party is having trouble making payments to his or her ex-spouse in the amount that was stipulated in the original divorce decree, that parent may initiate post-decree proceeding to request an adjustment. Modification would also be appropriate if the payee has remarried and no longer needs spousal support.
● Allocation of Parental Responsibilities: Child custody and parenting time modifications are often the reason for post-decree proceedings, because it can be difficult to balance the needs of a child/children with the needs of their parents. One parent may seek a modification if that parent wants to move out of state or if he or she recently started a more demanding job.
● Child Support: If a non-custodial parent loses his or her job or suffers a substantial decrease in income, that parent may seek a modification to reduce child support payments. In this case, it’s best to initiate a post-decree action, rather than allow the child support payments to become delinquent.
Turn to the Family Law Experts at Conniff & Keleher
If you’re seeking a post-decree modification, the family law experts at Conniff & Keleher are here to guide you. It’s not uncommon for post-decree proceedings to become contentious, so it’s crucial to have knowledgeable support in your corner. Whether you need a modification to your child support payments or your maintenance (alimony) payments, our legal team can provide expert representation. Contact our family law attorneys to schedule a consultation at our Oak Park or Chicago office.