Post-Divorce Matters in Orland Park

Skilled Attorneys for Post-Decree Modifications and Enforcement in Cook County, Will County, and surrounding Chicagoland Communities

A divorce decree is meant to be a final resolution, but we know that life doesn’t stand still. Circumstances change, sometimes dramatically. Children grow older, jobs are gained or lost, people remarry, and new challenges arise.

Illinois law recognizes that a divorce decree, while final, may need to be adjusted from time to time to reflect significant life changes. This is where post-decree modifications come in. And sometimes, even when the orders are clear, one party doesn’t follow them. That’s when enforcement becomes necessary.

At Pucher & Ranucci, our relationship with our clients doesn’t end when a divorce is finalized. We are here to help you navigate the changes and challenges that may arise in the months and years after your legal matter is resolved.

We are committed to providing ongoing support and guidance, ensuring that your divorce orders continue to reflect your family’s needs and protect your rights. We are also here for those who may be coming to us for the first time with a post-divorce legal issue.

Modifying Child-Related Orders

The most common reason people return to court after a divorce is to change something related to their children. Illinois law allows for modifications to child support, parenting time, and the allocation of parental responsibilities.

Modifying Child Support

Child support can be modified if there’s been a substantial change in circumstances. This typically means a significant change in:

• Either parent’s income: A job loss, a major promotion, a new business venture, or even a significant inheritance could justify a change in child support.
• The child’s needs: If a child develops a medical condition requiring expensive treatment, or if their educational needs change, child support might need to be adjusted.
• Parenting Time: If there’s a significant and qualifying change in the parenting time schedule, this can also affect child support, especially under the Illinois “shared parenting” calculation (where each parent has the child for at least 146 overnights per year).

To modify child support, you have to file a petition to modify with the court and provide evidence of the substantial change. The court will then recalculate child support based on the current Illinois guidelines (the income shares model). The Illinois Department of Healthcare and Family Services (HFS) can also be involved in child support modifications, particularly if they were involved in establishing the original order.

Modifying Parenting Time

Parenting time (what used to be called “visitation”) can be modified if it’s found to be in the best interests of the child. This is a lower standard than modifying decision-making responsibilities. While a substantial change in circumstances is often present, it’s not always strictly required.

Examples of situations that might justify a parenting time modification include:

• A change in a parent’s work schedule that makes the current schedule unworkable.
• A child’s changing needs as they get older (e.g., a teenager’s activities might require a different schedule).
• One parent’s remarriage, if it significantly impacts the child’s living situation or well-being.
• Concerns about a parent’s ability to provide a safe and stable environment.
• A parent’s consistent failure to follow the existing parenting plan.
• Relocation If a parent is seeking to move a significant distance, the Court will be required to revisit the parenting plan.

Modifying Parental Responsibilities (Decision-Making)

Modifying the allocation of significant decision-making responsibilities (what used to be called “legal custody”) is more difficult. You generally need to show a substantial change in circumstances that makes the current arrangement no longer in the child’s best interests. This is a higher bar to meet.

Examples of situations that might justify a change in decision-making responsibilities include:

• A parent developing a serious mental health issue or substance abuse problem that impairs their ability to make sound decisions.
• A parent relocating to a distant location, making joint decision-making impractical.
• A consistent pattern of one parent making decisions that are harmful to the child.
• One parent consistently undermining or interfering with the other parent’s relationship with the child (parental alienation).

Modifying Spousal Maintenance

Spousal maintenance (alimony) can also be modified, but the rules are different.

Modification

Maintenance can generally be modified upon a showing of a substantial change in circumstances, unless the original divorce decree (or marital settlement agreement) specifically states that it is non-modifiable. This is an important point: if your agreement says maintenance is non-modifiable, it generally cannot be changed, even if circumstances change dramatically.

Examples of a substantial change in circumstances that might justify modifying maintenance include:

• A significant increase or decrease in either spouse’s income.
• Job loss or involuntary reduction in pay.
• Disability that affects earning capacity.
• The recipient spouse completing education or training that significantly increases their earning capacity.

Termination

Spousal maintenance automatically terminates upon:

• The death of either party.
• The remarriage of the recipient spouse. This is a clear-cut terminating event.
• The recipient spouse’s cohabitation with another person on a “resident, continuing, conjugal basis.” This means living together in a marriage-like relationship. Proving cohabitation can sometimes be challenging, as it requires more than just living together; it requires showing a deeper, committed relationship.

Enforcing Divorce Orders

Sometimes, even with clear court orders, one party doesn’t follow the rules. This is where enforcement comes in.

Child Support Enforcement

If a parent isn’t paying child support, there are several enforcement options:

• Income Withholding: This is the most common method. The court orders the paying parent’s employer to deduct child support directly from their paycheck.
• License Suspension: Illinois can suspend driver’s licenses, professional licenses, and even recreational licenses for non-payment of child support.
• Tax Refund Intercept: The state can intercept federal and state tax refunds to collect past-due child support.
• Contempt of Court: A parent who willfully disobeys a child support order can be held in contempt of court. This can result in fines, jail time, or other penalties.
• HFS (DCSS) Involvement: The Illinois Department of Healthcare and Family Services, Division of Child Support Services (DCSS), can assist with child support enforcement, even if they weren’t involved in the original case.

Parenting Time Enforcement

If a parent is violating the parenting plan (e.g., withholding parenting time, interfering with communication), the other parent can take action:

• Mediation: Trying to resolve the issue through mediation is often a good first step.
• Petition for Enforcement: You can file a petition with the court asking the judge to enforce the parenting plan.
• Contempt of Court: Willful violations of a parenting plan can result in contempt of court proceedings.
• Make-Up Parenting Time: The court can order make-up time for missed visits.
• Supervised Parenting Time: In serious cases, the court might order that one parent’s parenting time be supervised.

Spousal Maintenance Enforcement

Similar to child support, spousal maintenance orders can be enforced through:

• Income Withholding: The court can order the paying spouse’s employer to deduct maintenance payments directly from their paycheck and send them to the recipient spouse.
• Contempt of Court: Willful failure to pay maintenance can lead to contempt of court proceedings, with potential penalties including fines and jail time.
• Judgment Liens: Placing a lien on the payor’s property.

Property Division Enforcement

Issues may arise in the enforcement of the property division terms in your divorce judgment. The Court can take action to make sure the terms are carried out.

Other Post-Divorce Matters

Other issues can arise after a divorce is finalized:

• Name Change: A parent or child may want to legally change their name.
• College Expenses (Section 513): Illinois law allows courts to order parents to contribute to a child’s college expenses, even after the child is an adult. Disputes can arise over the amount and allocation of these expenses.
• Unforeseen Disputes: Life is unpredictable. Other unexpected issues may arise that require legal assistance.
• Enforcement/Clarification of Marital Settlement Agreement terms.

Finding the Right Legal Support After Your Divorce

Post-divorce matters can be just as complex and emotionally challenging as the divorce itself. It’s important to have an experienced attorney who understands Illinois law and the procedures in Cook County courts. You need someone who can effectively advocate for your rights and protect your interests, and those of your children.

Ongoing Support for Your Family’s Future

At Pucher & Ranucci, our commitment to our clients extends beyond the finalization of their divorce. We understand that life changes, and we’re here to provide ongoing support and guidance as you navigate new challenges.

We have nearly two decades of experience helping families in Orland Park and the surrounding communities with post-divorce modifications, enforcement actions, and other family law matters. We’re dedicated to clear communication, client education, and working collaboratively to achieve the best possible outcomes.

Contact Pucher & Ranucci today for a complimentary consultation to discuss your post-divorce needs and learn how we can continue to support you.

We represent clients in Orland Park, Tinley Park, Joliet, Oak Forest, Alsip, Palos Heights, Homer Glen, Mokena, Will County, Cook County, and the surrounding Chicagoland areas.