Post Divorce Issues

The Law Office of Emily J. Kelly in Wheaton, Illinois Modification Issues

The Law Office of Emily J. Kelly in Wheaton, Illinois is conveniently located near the DuPage County Courthouse. For over 15 years, I have been providing legal services throughout this area including the cities of Wheaton, Lisle, Glen Ellyn, West Chicago, Elmhurst, Downer’s Grove, Carol Stream and Lombard. If you are in need of an experienced divorce attorney for legal representation on a post-divorce problem, contact my office immediately.

Post-Divorce and Post Parentage Issues Overview

The circumstances in which a judge is allowed to modify the divorce decree or child support order are dependent upon several factors. In spousal support situations, there typically has to be a significant change of circumstances, such as a change in the payor’s income, before the court will consider modification. In terms of child support modification, support orders are subject to regular review every few years to make adjustments for changes in the payor’s income. They can be modified upon petition by one of the ex-spouses.

Child and Spousal Support Enforcement

The most common post-divorce issue in my family law practice is for child support enforcement. I am hired when a former partner refuses to comply with the order for child support or spousal support. Years ago, the only enforcement mechanism for child support was an enforcement hearing. Oftentimes, lawyers had to appeal to the delinquent person’s sense of honor and duty in order to motivate payment. As you can imagine, this was rarely effective.

Punishment: Jail

Today, there are powerful child and spousal support enforcement mechanisms that can inspire compliance with an existing court order. First and foremost, civil contempt hearings can take place with the threat of jail time as punishment. If the person repeatedly refuses to pay their support obligations, and jail time is required, a court can require a bond to be paid by the offending parent. The bond will be applied to the child support due.

Punishment: License Suspension

Many states have now enacted laws that suspend a delinquent person’s professional, recreational or driver’s license if they are not current on their child support obligation. The court can take away a person’s right to hunt, fish, drive a motor vehicle, or even practice medicine.

I have routinely handled child and spousal support enforcement cases. I have been involved in these types of matters when I worked for the DuPage County’s prosecutor’s office and now that I am in private practice. The Law Office of Emily J. Kelly will aggressively pursue every avenue of enforcement available under the law in order to make your child’s parent live up to their obligations. I also defend a parent who has been unjustly accused of not paying support.

If you are weary of the financial strain from a failure to pay child or spousal support, you need to contact an Illinois divorce attorney immediately. We can use the law to your benefit to force the delinquent person to comply with the court’s order. Contact the Law Office of Emily J. Kelly for a free initial consultation.