Post-Decree Litigation
Divorce decree, once entered, is considered final and biding. However, certain aspects, such as maintenance and support, and allocation of parental responsibility and parenting time may be modified.
Get A Free ConsultationPost-Decree Litigation
Divorce decree, once entered, is considered final and biding. However, certain aspects, such as maintenance and support, and allocation of parental responsibility and parenting time may be modified.
Get A Free ConsultationDivorce decree, once entered, is considered final and biding. However, certain aspects, such as maintenance and support, and allocation of parental responsibility and parenting time may be modified. To obtain such modification, a party must first prove a “substantial change” in circumstances since the entry of the decree sought to be modified. Mackavich Family Law is ready to assist you, whether you are having issues with enforcing your divorce decree or would like to petition for a modification.
Parental Responsibility and Parenting Time
When Illinois court decides the issues of allocation of parental responsibility and parenting time, it focuses on the best interests of the minor children. After the decree is entered, as time goes by, what is in the best interests of your children may change. To modify an existing agreement, it must be established that a substantial change in circumstances has occurred, and that modification is necessary to serve the best interests of the children.
Many factors go into the court’s consideration, such as: remarriage of one or both parents, age of the children, physical and mental condition of the parents or the children and many others, as well as the totality of all the changes.
When it comes to changing an existing allocation of parenting time, it is enough to show that the parents have been following an alternate arrangement for at least six preceding months and that such arrangement is in the best interest of the children. If you are looking to modify or to enforce an existing agreement, call us at 773-213-8967 or fill out our on-line form for a free consultation.
Child Support, Maintenance, and Other Financial Issues
Loss of employment, remarriage, disability, foreclosure, and many other life events may affect one’s ability to fulfill the financial obligations under a divorce decree. Such events may or may not satisfy the substantial change in circumstances requirement.
At Mackavich Family Law, we understand that life is full of changes and that what was once fair, may require changes to reflect your current situation. We will help you achieve expeditious modification as well as ensure the other party’s compliance with the terms of your agreement.