After your divorce is finished, you may need to go back to court. Whether it is due to changing circumstances or an unforeseen issue that arises, it is important to make sure that the court orders reflect your current needs.
A Will County divorce lawyer could advocate for you in any post-divorce modification. Our well-versed divorce lawyers can help make sure that you clearly understand the pros and cons of every modification order entered by the court.
The Illinois Compiled Statutes contain the laws regarding divorce and other family law issues. Under 750 ILCS 5/401, a court may dissolve a marital union when “irreconcilable differences have caused the irretrievable breakdown of the marriage.”
A final divorce decree (“Judgment for Dissolution of Marriage”) will likely divide the marital property between the parties and determine if either party receives maintenance (sometimes called alimony or spousal support). If there are children, the Judgment for Dissolution of Marriage will likely allocate decision making, parenting time, and financial responsibilities of each parent.
However, after the court has entered judgment, further issues may arise between the ex-spouses. A skilled attorney can help resolve any post-divorce disputes.
Per 750 ILCS 5/504, a Will County court may find it appropriate to grant spousal maintenance to one of the former spouses. However, the amount of monthly spousal support and how long the payments last depend on your specific circumstances. Things can change after a divorce, so it is important to understand your rights as to when and under what circumstances change can be made.
In most circumstances, the Court will likely apply the 2019 statutory formula. For divorces entered prior to 2019, it is important to understand that the 2019 law change may not apply to your case. For divorces entered after December 31, 2018, the amount of spousal maintenance is calculated by subtracting 25 percent of the support recipient’s net income from 33 percent of the payer’s net earnings; however, the amount received is subject to a cap of 40 percent of the combined net income. The judge is always permitted to deviate from the statutory amount if the specific circumstances support a change from the statutory amount.
Because spousal maintenance is determined at the time of dissolution, circumstances might change during the months and years that follow. For this reason, a payer of support may seek a reduction, or a payee might request an increase in the spousal support payments. A post-divorce modification attorney in Will County could help with either situation.
The amount of spousal maintenance is to be calculated using the above formula regardless of whether there are children in the family. However, when calculating child support under the income shares formula, the court considers the maintenance payment ordered in determining each parent’s share of child support.
Spousal support, as well as child support, may be modified by the court if a parent petitions the court after a substantial change in circumstances. A post-divorce modification lawyer in Will County might be able to assist with filing these motions.
The courts put the best interests of your children above everything else. Although child custody matters may have been decided during divorce proceedings, the needs of the children generally change as they grow. Moreover, if one parent is not following the child custody order, the other party may need to inform the court of the violations. These post-divorce modifications or enforcements of current orders are available in Will County.
A Will County divorce lawyer can help you throughout the process of making any post-divorce modifications. We understand that your needs change and that it is important to have an order that reflects your changing circumstances. Call Reidy Law Office LLC today to discuss your options.