Post-decree proceedings can occur after a divorce, dissolution of marriage, judgement of paternity, or legal separation have taken place. Typically, these proceedings modify aspects of a divorce decree, such as property allocation, child support, allocation of parental responsibilities, spousal maintenance, etc. Read on to learn more about post-decree proceedings and when it’s necessary.
Family Court Post-Decree Modifications
To have post-decree modifications approved by the courts, the petitioner must show evidence of significant and long-term changes to family structure or financial situation. Common situations where a post-decree modification may be granted include:
- One ex-spouse becomes disabled and can’t work
- One ex-spouse has received a substantial salary increase
- One ex-spouse has lost his or her job or earns a substantially lower income
- One ex-spouse gets remarried or has another child
- The needs of the child involved change, including medical or educational needs
- The child wants to live with his or her other parent
- One parent wants to move out of state
Which Areas of Divorce Can Post-Decree Modification Affect?
Here’s a look at the most common areas affected by post-decree modifications:
- Alimony/Maintenance: If, for example, one party is having trouble making payments to his or her ex-spouse in the amount that was stipulated in the original divorce decree, that parent may initiate post-decree proceeding to request an adjustment. Modification would also be appropriate if the payee has remarried and no longer needs spousal support.
- Allocation of Parental Responsibilities: Child custody and parenting time modifications are often the reason for post-decree proceedings, because it can be difficult to balance the needs of a child/children with the needs of their parents. One parent may seek a modification if that parent wants to move out of state or if he or she recently started a more demanding job.
- Child Support: If a non-custodial parent loses his or her job or suffers a substantial decrease in income, that parent may seek a modification to reduce child support payments. In this case, it’s best to initiate a post-decree action, rather than allow the child support payments to become delinquent.
Turn to the Family Law Experts at Conniff & Keleher, LLC
If you’re seeking a post-decree modification, the family law experts at Conniff & Keleher, LLC are here to guide you. It’s not uncommon for post-decree proceedings to become contentious, so it’s crucial to have knowledgeable support in your corner. Whether you need a modification to your child support payments or your maintenance (alimony) payments, our legal team can provide expert representation. Contact us to schedule a consultation at our Oak Park or Chicago office.