Wheaton Divorce Modification & Enforcement Attorneys

Skilled Lawyers Helping to Modify or Enforce Court Orders in Wheaton, Illinois

A divorce decree will include specific orders addressing issues such as child custody, child support, and/or spousal support. These orders are legally binding, but they may be adjusted in the future if necessary. In some cases, ex-spouses may need to address situations where their former partner has violated the court's orders. If you need help modifying or enforcing a court order, a seasoned family law attorney can be your best advocate.

At Roberts PC, our attorneys stand ready to help clients with the enforcement or modification of court orders. When you work with our firm, we will take the time to understand your needs so that we can better serve your best interests. We have over 40 years of legal experience in issues related to divorce and family law, so you can rest assured that you will receive effective representation from a qualified attorney.

Child Custody Orders

In Illinois, the term "child custody" can refer to both parenting time and decision-making responsibility. These orders tend to be rigid and hard to modify without good cause. First and foremost, unless there is an immediate threat to the child's well-being, the court generally will not permit any modification of a custody order until two years have passed since the final decree or the last modification.

A judge may approve a modification of child custody if you can demonstrate there has been a substantial change of circumstances and that a modification would be in the child's best interests. For instance, if you remarry or get a new job with a different schedule, the court might agree that a change in the parenting time schedule is warranted.

If you are looking to enforce a child custody order, you will have to prove that your spouse violated the custody order, such as by depriving you of your rightful parenting time. This may involve documenting text messages and phone calls, marking the specific time and date of the custody violations. If the court finds that a violation occurred, you could receive extra parenting time to make up for what you lost, or your ex may face restrictions to help ensure that future violations will not occur.

Child Support Orders

Child support is intended to provide a child with financial support to address their ongoing needs. The court does recognize certain reasons to modify a child support order, such as:

• A sudden termination of employment
• An injury that prevents you from going to work
• A change in the child's needs
• Any substantial increase or decrease in income

To get a modification of child support, you must petition the court with evidence of your changed circumstances. A judge can order payments to pause, increase, or decrease after reviewing your petition and any supporting evidence presented by either party.

If your spouse is not paying you the child support you are owed, you can take legal action to have the order enforced. The missing payments can be garnished from your spouse's wages, tax returns, or other sources of income. If your spouse refuses to pay child support for more than six months, they can even face criminal penalties.

Spousal Support Orders

The grounds for modifying an order of spousal support are similar to child support. To petition for a modification, you must demonstrate a good-faith change to your or your spouse's circumstances. One of the most common reasons for a termination of alimony is if the recipient spouse remarries or cohabitates with a new partner.

If your spouse is delinquent on alimony payments, you can file a petition with the court to have the order enforced. Your spouse can be held in contempt of court for a failure to pay spousal support, and the late payments may be garnished from their wages.

Meet With a Wheaton, IL Post-Divorce Modification Lawyer

Whether you are looking to have a court order modified or enforced, a family law attorney at Roberts PC can help. Call us today at 630-668-4211 or contact our offices online.