Enforcement And Modifications Of Court Orders
Often, the conclusion of a divorce or any other family law proceeding does not mean the end of the need for attorneys or court action. As people’s lives change, the court orders put in place at the conclusion of their family law matter may need to be modified. Or if the other party fails to follow the orders, an enforcement action may be needed. These are referred to as “post-decree” actions.
How can we make changes after the divorce?
Modification of an Order or Judgment is how people make changes after a divorce. Modification of an order or judgment can occur when the parties have or reach an agreement and have it written down and entered by the court. When the parties do not agree, then they must file a petition in the court asking for a modification. Modification litigation is generally limited to maintenance or child-related issues. Property provisions are not modifiable unless both parties agree to revest the court with jurisdiction.
Child-related modification issues may be governed by certain requirements outlined in the statutes. For example, most counties require mediation of child-related post-decree parenting issues before a petition can be filed. In addition, an action to change the residential parent or parenting responsibilities, for example, may not be able to be brought to court unless the petitioner can show that there has been a substantial change in circumstances. Attorney Cellucci will be able to discuss the requirements for modification actions and help the client determine the best option for proceeding.
How do I get my spouse to follow the Judgment after the divorce?
When a party simply will not follow the rules; ie. will not comply with the obligations set out in the judgment, then the client must consider whether and how to attempt enforcement. Enforcement actions may also be approached in such a way as to be able to resolve the matter by agreement but when that fails, there are at least two options for going to court – whether to proceed in a manner intended to have the defaulting party held in contempt of court or whether to proceed in a manner to simply achieve compliance. Again, the options and best course of action can be explored in discussion with attorney Cellucci.
Family Law Representation You Can Count On
Are you looking for assistance with your post-decree litigation needs? Contact The Law Office of Marsha H. Cellucci at 630-912-5058 today. Call the firm’s Naperville office for more details and to schedule your initial consultation.