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 Post-Decree Orders in Illinois: Child Support, Parenting Time, and Maintenance

The final judgment entered in a divorce or parentage case is not necessarily the final word on the matter. Life circumstances evolve dramatically over time: careers change, children grow, and financial needs shift. Recognizing this reality, Illinois law allows parties to return to court to seek adjustments to existing orders related to their children and, sometimes, spousal financial support.

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: The Substantial Change Rule

Child support orders are subject to change if there is a fundamental shift in circumstances that justifies a recalculation. Under the Illinois Income Shares Model, support is calculated based on the net incomes of both parents and the number of overnights each parent has with the child. Therefore, a substantial change in circumstances typically means a significant change in:

1. Financial Capacity (Income)

This is the most frequent trigger for modification. A substantial change exists when there is:

A Major Increase or Decrease 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 the support obligation. A change that would result in an order that is 20% different from the existing order, and that has lasted at least six months, generally meets the “substantial change” threshold.
Income Imputation and Underemployment: One of the most contentious issues is determining true income. If a parent is voluntarily unemployed or underemployed (choosing to work less than they are capable of to lower their support obligation), the court can impute income. This means the court assigns an income based on the parent’s education, work history, skills, and the local job market, and uses that imputed figure—not the actual reported earnings—for the support calculation.

2. The Child’s Needs

A change in a child’s health or educational needs can warrant an adjustment to support:

Medical Conditions: If a child develops a new, serious medical condition requiring expensive treatment, therapy, or long-term care not covered by insurance, child support might need to be increased to account for these necessary costs.
Educational Needs: Changes in educational requirements, such as the need for specialized tutoring, enrollment in an expensive private school that wasn’t contemplated earlier, or intensive psychological services, could justify modification.

3. Parenting Time Threshold

If there’s a significant and qualifying change in the parenting time schedule, this can also affect child support. Under the shared parenting calculation in Illinois, if each parent has the child for at least 146 overnights per year (40% or more of the time), the court uses a different calculation that recognizes the increased shared expenses borne by both households. A formal change to the court-ordered parenting time schedule that meets or falls below this 146-night threshold is a valid ground for modification.

To modify child support, you must formally file a Petition to Modify with the court and provide compelling evidence of the substantial change. The court will then recalculate child support based on the current Illinois guidelines (the Income Shares Model) and the new financial realities. 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, providing administrative support for income withholding and enforcement.

Modifying Parenting Time (The Residential Schedule)

Parenting time (the physical schedule during which each parent cares for the child) can be modified if the change is found to be in the best interests of the child. While a substantial change in circumstances is often present, the primary focus is always on the child’s welfare, and this is considered a lower standard than modifying decision-making responsibilities.

Grounds for Modifying Parenting Time

The court will assess the child’s best interests by looking at factors such as the child’s maturity, adjustment to school and community, and the mental and physical health of all parties. Examples of situations that might justify a parenting time modification include:

Logistical Infeasibility: A change in a parent’s work schedule (e.g., switching from a 9-to-5 schedule to rotating night shifts) that makes the current schedule unworkable or disrupts the child’s routine.
Child’s Changing Needs: As a child enters adolescence, their activities, social lives, and academic commitments often necessitate a different schedule that allows for stability during the week. The parenting plan must evolve with the child’s age and maturity.
Parental Conduct: Concerns about a parent’s ability to provide a safe and stable environment due to changes in lifestyle, or a parent’s consistent, documented failure to follow the existing parenting plan, can justify a change.

Relocation and the 25/50 Mile Rule

If a parent is seeking to move a significant distance, the Court will be required to revisit the entire parenting plan. Illinois law defines statutory limits for relocation that trigger a legal process:

A move over 25 miles from the current residence, if the current residence is in Cook, DuPage, Kane, Lake, McHenry, or Will counties.
A move over 50 miles from the current residence, if the current residence is in any other county in Illinois.
A move out of state over 25 miles from the current residence.

The parent seeking to relocate must notify the other parent 60 days in advance and file a Petition to Relocate with the court. The court will then conduct a full best interests analysis, considering the reasons for the move, the distance, the impact on the child’s established relationships, and the potential impact on the other parent’s parenting time schedule.

Modifying Parental Responsibilities (Decision-Making)

Modifying the allocation of significant decision-making responsibilities (such as education, healthcare, and religion) is significantly more difficult than modifying parenting time. The law places a high value on stability in the core decisions of a child’s life, making the threshold for intervention very high.

The Two-Year Waiting Period

Generally, the court will not consider a Petition to Modify the allocation of parental responsibilities until at least two years after the entry of the initial order. This waiting period reinforces the principle of stability. Exceptions exist, however, if the court finds that:

The modification is necessary because the child’s mental or physical health is seriously endangered by the current arrangement; or
The current allocation is based on misleading information or fraud by one parent.

Grounds for Modification

Even outside the two-year period (or under an exception), you must show a substantial change in circumstances that makes the current arrangement no longer in the child’s best interests. Examples of situations that might justify a change in decision-making responsibilities include:

Impaired Capacity: A parent developing a serious, documented mental health issue, a new substance abuse problem, or a significant illness that impairs their ability to make sound, rational decisions regarding the child’s welfare.
Logistical Impracticality: A parent relocating to a distant location or country, making joint decision-making (which requires consultation and, often, local knowledge) logistically impractical.
Harmful Pattern of Decisions: A consistent pattern of one parent making arbitrary, unilateral decisions that are provably harmful to the child’s education, health, or well-being, violating the terms of the joint decision-making order.
Interference/Alienation: One parent consistently undermining or interfering with the other parent’s relationship with the child to the extent that it harms the child (often referred to as parental alienation), potentially damaging the child’s relationship with one parent or causing them emotional trauma.

Modifying and Terminating Spousal Maintenance

Spousal maintenance (alimony) is treated as a separate financial issue governed by its own set of rules, often determined more by the initial agreement than by subsequent judicial intervention.

Modification: The Role of Non-Modifiability

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.

Non-Modifiability is Binding: This is the most important legal point. If the parties agreed in the original decree that maintenance is non-modifiable, it generally cannot be changed by the court, even if the paying spouse loses their job, or the recipient spouse wins the lottery. These clauses create finality and are rarely overturned.
Defining Substantial Change (If Modifiable): If the maintenance order is modifiable, a substantial change that justifies an adjustment includes:
- Significant Income Change: A major, involuntary reduction in the payor spouse’s income (e.g., job loss, mandatory early retirement due to company restructuring).
- Disability: The permanent or long-term disability of either spouse that affects their earning capacity or necessitates significant medical spending.
- Increased Earning Capacity: The recipient spouse is completing education or training that significantly increases their earning capacity beyond what was anticipated at the time of the divorce.

Termination: Automatic and Contested Events

Spousal maintenance automatically terminates upon several specific events, which require no court intervention other than confirmation:

The Death of Either Party: The obligation ceases upon the death of the payor or the recipient.
The Remarriage of the Recipient Spouse: This is a clear-cut terminating event, as the new marriage is presumed to provide financial support.
The Recipient Spouse’s Cohabitation: Maintenance also terminates if the recipient spouse cohabits with another person on a “resident, continuing, conjugal basis.”

Proving cohabitation is often the most challenging termination dispute. It requires more than just proving they share a residence; it requires demonstrating the relationship has the characteristics of a deeper, committed, marriage-like relationship, including shared finances, shared social life, and a romantic involvement. The court will look for evidence such as shared bank accounts, joint household chores, social acknowledgment as a couple, and the duration of their cohabitation.

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.

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.