Life changes are inevitable and can frequently affect what was ordered in a divorce or parentage decree. At Granholm & Gynac in Joliet, we can assist you in securing post-decree modifications to your original Judgment for Dissolution of Marriage – or opposing them when your ex-wife or ex-husband takes you back to court in an effort to change the terms.
Here are just a few reasons why someone may return to court to change existing orders, even long after the parties completed the divorce process or entered their parentage orders:
- A party has lost their job or been laid off from work, and therefore can no longer pay the spousal maintenance or child support originally ordered.
- A party has gotten a new job or experienced a substantial increase in income, which may also affect spousal maintenance or child support.
- A party has failed to follow through to do something they were ordered to do, such as refinancing a mortgage or selling a property.
- The parent designated to have majority parenting time wishes to relocate more than twenty-five (25) miles from their current residence or wants to move with the children out of state.
Is it Difficult to Modify a Divorce or Parentage Decree?
The answer is: it depends. Certain things are easier to change than others. Typically, the party seeking a modification to an existing order must prove to the court that there has been a substantial change in circumstances that justifies the requested change. The courts won’t normally allow “a second bite at the apple” without there being a good reason to go back to court and review the decree.
That said, the terms of court orders (such as child support) don’t normally change on their own unless someone proactively takes steps to bring everyone back to court to get terms modified.
No matter what side of an issue you’re on, the attorneys at Granholm & Gynac can assist you modifying a divorce or parentage decree or opposing a proposed modification. We’ll work with you one-on-one to present the best possible case to the court.
Parties also often have problems enforcing the terms of existing divorce and parentage orders. Former spouses may have failed to refinance a mortgage, sell a home, transfer property or pay certain debts. Parties may not be paying the correct amount of child support or spousal maintenance (or refusing to pay at all). Most commonly, the other parent may not be compensating you for certain expenses related to your children, as ordered, such as unreimbursed health care costs, child care expenses, and extra-curricular expenses. It all adds up!
The lawyers at Granholm & Gynac are prepared to help you take your ex-spouse or your children’s other parent back to court if they’ve failed to comply with court orders. We have a track record of successfully helping many clients get paid what they are owed or forcing the other party to follow through on what they were supposed to have accomplished in the first place.