After you have completed your divorce, there may still be issues that arise. Whether it is due to changing circumstances or an unforeseen issue that arises, it is important to make sure that the agreements reflect your current needs. A Will County lawyer could advocate for you in any post-divorce modification.
The Illinois Compiled Statutes contain the laws regarding divorce and other family law issues. A court may dissolve a marital union when “irreconcilable differences have caused the irretrievable breakdown of the marriage.”
A final divorce decree may be entered by the court when the following issues have been resolved:
However, after the court has entered judgment, and thus has granted the dissolution, further issues may arise between the ex-spouses. A skilled attorney can help resolve any post-divorce disputes.
Per 750 ILCS 5/504, a Wills County court may find it appropriate to grant spousal support or alimony to one of the spouses. However, what spousal support is granted and how long the payments last depend on the specific circumstances.
Generally, the amount of spousal maintenance is calculated by subtracting 25 percent of the support recipient’s net income from one-third of the payer’s net earnings. However, if the resulting amount appears to be excessive, the court may determine an alternative maintenance order.
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 spousal support payments. A post-divorce modification attorney in Will County could help with either situation.
The amount of spousal maintenance may be calculated using a formula, regardless of whether there are children in the family. However, when deciding the fairness of a spousal support order, a court may add the amount of child support to the spousal support to determine how that total compares to the paying spouse’s income. If it exceeds 50 percent of the payer’s income, the court may create a different spousal maintenance directive. In other words, it is important to have your unique facts heard by the judge so that the judge has all relevant information before a decision is made.
Spousal support, as well as child support, may be modified by the court if a parent petitions the judiciary after a material 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 the children above the other desires of divorced parents. During divorce proceedings, each parent may have presented a proposed custody and visitation plan to the court.
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 enforcement of current orders are available in Will County.
A Will County 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.