After a divorce becomes final in Orland Park, the parties involved often believe that matters between them are settled forever. However, this is often not the case, as changes in circumstances may warrant a post-divorce legal proceeding.
Sometimes referred to as a “post-decree” proceeding, such cases may arise after a couple finalizes a divorce. Post-divorce disputes often revolve around issues such as alimony, child support or custody, and visitation rights.
Because key family rights are at stake, it may be advisable for you to consult with an experienced Orland Park post-divorce disputes lawyer from Reidy Law Office LLC. Our knowledgeable divorce attorneys are familiar with how post-decree issues are handled in local courts.
Usually, post-decree or post-divorce disputes develop when circumstances change in a way that one or both involved parties did not predict. For instance, you or your spouse may be laid off from work, substantially affecting your ability to pay child or spousal support. At the opposite end of the spectrum, you or your spouse may get a new job or pay raise that enhances your ability to provide support.
Other common post-divorce disputes concern custody and visitation arrangements when one party decides to move out of the area or state. Sometimes parental agreements are unclear about or do not mention the parties’ obligations concerning college or other expenses that may arise later on. In other cases, you may learn that an ex-spouse was hiding assets when you originally established your agreement.
If you want to change the terms of your divorce decree or simply take action to ensure your spouse complies with the terms as entered, a post-divorce legal action may be necessary. To protect your legal rights, you may find it to your advantage to talk to one of our Orland Park post-divorce disputes attorneys.
In most cases, Illinois law grants parental rights to parents regardless of whether they have physical possession of their children. To protect the rights of non-custodial parents, parents with custody must obtain permission from the court before moving a child a certain distance.
In the past, you had to have approval from the court before moving out of the state. However, recognizing that distance is more important than the state of residence, new laws in Illinois now require court approval for a move 25 to 50 miles (depending upon your County) or more from your current residence.
Moreover, 750 ILCS §5/600 describes such a move as parental relocation rather than removal of the child, and instead of referring to one parent as having “custody,” the statutes describe the situation in terms of one parent having the majority of “parenting time.”
If you are considering a move of 25 miles or more, before undertaking a move, a parent with a majority or equal amount of parenting time must provide written notice to the other parent and file the notice with the court. If the other parent does not agree to accept the move or the parties cannot agree on revisions to the parenting plan, then further court action—and consultations with Orland Park post-divorce disputes lawyers may be necessary.
Sometimes, all that is required is for both parties to comply with the terms they originally agreed to. It may be necessary to take action if your ex-spouse fails to pay child support on time, does not follow terms regarding parenting time schedules, or fails to fulfill a legal duty. A consultation with an experienced attorney from Reidy Law Group LLC could help you evaluate options for enforcing the terms of an agreement.
Often, disputes that arise after a divorce decree are as complex and emotional as disagreements settled during divorce proceedings. For that reason, it is wise to talk to an Orland Park post-divorce disputes lawyer who not only understands the recent changes to family and divorce law but also knows how courts treat efforts to amend or enforce terms relating to finalized divorces.
Our experienced legal team could work with you to help ensure that your concerns are addressed with as little stress and expense as possible. Get in touch with Reidy Law Group LLC today to find out how we could help you.