When a judgment is made in a couple’s divorce, many people feel a level of relief as they move toward a life of independence. Unfortunately, a number of issues can arise post-divorce that can lead to complications with your former-spouse. Whether your former spouse is failing to pay child support payments in full or on time or one party is seeking a post-judgment modification to the child custody or support agreement, you need to take the situation seriously. If you are facing post-divorce complications, speak with a compassionate and experienced divorce attorney regarding your options.
When it comes to parenting time and responsibilities, it is not uncommon for a parent to violate the court-ordered agreement. The most common violations include consistently running late to drop off or pick up children, preventing a non-custodial parent from visiting the child during agreed-upon visitation times, and overstepping legal custody agreements by making unilateral decisions on the child’s schooling or extra-curricular engagements. If you begin to notice a trend of violations, begin documenting the details surrounding the violations. If the violations continue, it is time to speak with your attorney. In serious cases, your attorney may pursue a modification to the original custody agreement.
If you are the primary custodial parent and are not receiving the agreed-upon child support payments, it may be time to seek legal action. Your attorney can assist you in filing a petition to the court. If your former spouse is still failing or refusing to make payments, your attorney may suggest seeking an indirect contempt of court proceeding.
In other instances, your financial situation may have changed and you may need to pursue a modification to the child support order. Whether you are receiving or paying child support payments, you can seek a modification if your financial situation has changed significantly. A modification can be sought if your income has been lowered, you have lost your job, or the expenses needed to care for your child have increased. Your attorney can provide you with in-depth information on how to seek a modification and the steps you need to take to justify the modification.
At J. Aldrich Law, P.C., we are dedicated to helping our clients through the divorce process and beyond. If your financial situation has changed or your spouse is failing to adhere to the child custody agreement or make the agreed-upon child support payments, we will take the necessary steps to ensure the agreement is enforced. To schedule a free consultation with a knowledgeable DuPage County family law attorney, contact us today at 630-953-3000.
Sources:
http://www.ilga.gov/legislation/ilcs/documents/075000050k510.htm
http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2497&ChapterID=59