July 15, 2020

Chicago Post-Divorce Lawyer

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Following a divorce, your life situation may change, and that may require a modification of your court order. In some cases, you may need the help of a post-divorce lawyer Chicago, IL knows and trusts, such as  Hurst, Robin, Kay & Allen, LLC.

  • We can help you to seek a payment increase of your child support, or a payment reduction.
  • We can seek a modification of a child custody agreement. 
  • We can help you to enforce a divorce agreement. 
  • We can file for an order of contempt in the event of a settlement not being met
  • We can help you to seek a modification to your physical location or visitation

Can the terms of my Judgment of Divorce or Settlement Agreement be changed?

If you have a final judgement for a divorce, and circumstances have changed after the judgement was issued, it may be possible to ask the court to modify it. Modifications of a divorce order in Illinois are allowable when certain circumstances apply. Whether or not your circumstances are at the level that permits a change the agreement is up to the terms, laws, and a judge. In general, you should have a post-divorce lawyer in Chicago, IL on your side. 

For instance, if you have a child custody order that is in effect, and you want it to be modified, you should review the terms that existed at the time of it’s effect. When you go to court, you or your divorce lawyer Chicago, IL offers will need to provide the judge with the original agreement, the original guideline worksheets, and the original case information. You will also need to discuss what has transpired between the judgement and now. Furthermore, you will need to provide the court with a new case information statement, and new guideline worksheet. The court will review it and ideally agree with you based upon the provided information and changes in circumstances. 

How Can I Ensure My Ex Adheres to the Orders?

When you have been given a final judgement by a judge, everything within the document can be legally enforced. This means that if your ex is not adhering to the terms, and is in default, you should start a papertrail of events. For example, you might email them about their failure to abide, or somehow, in writing be able to demonstrate their delinquency can be proven and has been made aware of them. Your communication should be direct and to the point. If they don’t reply, or ignore you, you can file a notice of motion at court. As a post-divorce lawyer in Chicago, IL might tell you, the court can enforce the agreement.

Can My Ex Seek Alimony After the Settlement?

Sometimes spouses might agree that no alimony is to be given; however, after a few months or years, one spouse would like it. If the Marital Settlement Agreement clearly says that both spouses waived their right to alimony, it is very unlikely that the court will enforce the agreement, and not grant the spouse alimony afterwards. Getting a judge to change the terms of the agreement is not easy. The spouse seeking alimony would almost certainly have to provide fraud, pressure, or duress on the other spouse’s part. If your ex has filed a request for alimony after the divorce, and there was an agreement that alimony should not be paid, you should call a post-divorce lawyer in Chicago, IL. 

If you would like to know more about changing your divorce agreement, or you need help with a divorce, please call a Chicago, IL post-divorce lawyer. Call  Hurst, Robin, Kay & Allen, LLC.