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CHANGING THE ORIGINAL DIVORCE OUTCOME
Once the divorce is finalized, the terms of divorce can be modified if the
Husband or the Wife files the necessary documentation requesting a change.
The rules for modifying the original divorce depend on what change is sought.
Child Support. Decrease. Child support can be decreased if the payor's wages
are decreased through no fault of the payor. This would mean that the payor
was laid off, took a new job that had better pay potential, or was injured such
that the payor's job was lost. The deceased child support would be set
according to the statutory guideline.
Child Support. Increase. Child support can be increased if either a change in
circumstances occurs or two years has passed since the child support was set.
Illinois law requires an increase in the child support payment by 10% for the
increase to occur. If the payor receives a promotion or obtains a different
employment, the increase may meet the 10% requirement. An attorney can give
additional insight into ascertaining the earnings of the payor. The new child
support amount would be set in accordance to statutory guidelines.
Visitation. Many times a visitation schedule hammered out during a divorce will
not be in the best interest of the child/children either immediately or years down
the road.
Custody. Within two years. Section 610 of the Illinois Marriage and
Dissolution of Marriage Act denies custody changes made earlier than two
years unless the court permits it to be made on the basis of affidavits that there
is reason to believe the child's present environment may endanger seriously his
physical, mental, moral or emotional health. The exception to this rule is when
the custodial parent has a relationship with a registered sex offender.
Custody. After two years. Section 610 of the Illinois Marriage and Dissolution
of Marriage Act requires clear and convincing evidence of a change in
circumstances such that it is in the best interest of the child that custody be
modified.
ENFORCEMENT OF THE DIVORCE ORDERS
The orders entered in a divorce can be enforced through the Court if a party fails
to follow the order. Example of such orders are the Judgment of Dissolution of
Marriage, the Marital Settlement Agreement, and the Joint Parenting Agreement.
When a party has failed to abide by an order, the Court can find that party to be in
contempt. The exact title of the document and the exact procedure to enforce the
divorce orders depend on the local rules of the judicial circuit in which the
contempt document is brought.
CONTEMPT. The Court has the power to hold a person either indirect civil
contempt or criminal contempt.
Civil Contempt. When a person is found in civil contempt and sanctions are
imposed that person may "purge" him/herself of the contempt by complying with
the order of the Court. If the person is sentence to a term of jail that person can
be released from jail by complying with the order. With this type of contempt, the
person held in contempt "holds to keys to the jail cell" so to speak as he/she
can avoid jail by complying with the order or be released by complying with the
order.
Criminal Contempt. When a person is found to be in criminal contempt, this
person is immediately taken to jail and is released at the discretion of the judge.
A judge could impose a sentence without a bond requiring the person to serve
the sentence unless the judge reduces the sentence.
PAYMENT OF ATTORNEY'S FEES. Section 508(b) of the Illinois Marriage and
Dissolution of Marriage Act governs the payment of attorney's fees by a party that
is found to be in contempt. The decision to require the party in contempt to pay
attorney's fees is ultimately within the discretion of the presiding judge.
Once the divorce is finalized, the terms of divorce can be modified if the
Husband or the Wife files the necessary documentation requesting a change.
The rules for modifying the original divorce depend on what change is sought.
Child Support. Decrease. Child support can be decreased if the payor's wages
are decreased through no fault of the payor. This would mean that the payor
was laid off, took a new job that had better pay potential, or was injured such
that the payor's job was lost. The deceased child support would be set
according to the statutory guideline.
Child Support. Increase. Child support can be increased if either a change in
circumstances occurs or two years has passed since the child support was set.
Illinois law requires an increase in the child support payment by 10% for the
increase to occur. If the payor receives a promotion or obtains a different
employment, the increase may meet the 10% requirement. An attorney can give
additional insight into ascertaining the earnings of the payor. The new child
support amount would be set in accordance to statutory guidelines.
Visitation. Many times a visitation schedule hammered out during a divorce will
not be in the best interest of the child/children either immediately or years down
the road.
Custody. Within two years. Section 610 of the Illinois Marriage and
Dissolution of Marriage Act denies custody changes made earlier than two
years unless the court permits it to be made on the basis of affidavits that there
is reason to believe the child's present environment may endanger seriously his
physical, mental, moral or emotional health. The exception to this rule is when
the custodial parent has a relationship with a registered sex offender.
Custody. After two years. Section 610 of the Illinois Marriage and Dissolution
of Marriage Act requires clear and convincing evidence of a change in
circumstances such that it is in the best interest of the child that custody be
modified.
ENFORCEMENT OF THE DIVORCE ORDERS
The orders entered in a divorce can be enforced through the Court if a party fails
to follow the order. Example of such orders are the Judgment of Dissolution of
Marriage, the Marital Settlement Agreement, and the Joint Parenting Agreement.
When a party has failed to abide by an order, the Court can find that party to be in
contempt. The exact title of the document and the exact procedure to enforce the
divorce orders depend on the local rules of the judicial circuit in which the
contempt document is brought.
CONTEMPT. The Court has the power to hold a person either indirect civil
contempt or criminal contempt.
Civil Contempt. When a person is found in civil contempt and sanctions are
imposed that person may "purge" him/herself of the contempt by complying with
the order of the Court. If the person is sentence to a term of jail that person can
be released from jail by complying with the order. With this type of contempt, the
person held in contempt "holds to keys to the jail cell" so to speak as he/she
can avoid jail by complying with the order or be released by complying with the
order.
Criminal Contempt. When a person is found to be in criminal contempt, this
person is immediately taken to jail and is released at the discretion of the judge.
A judge could impose a sentence without a bond requiring the person to serve
the sentence unless the judge reduces the sentence.
PAYMENT OF ATTORNEY'S FEES. Section 508(b) of the Illinois Marriage and
Dissolution of Marriage Act governs the payment of attorney's fees by a party that
is found to be in contempt. The decision to require the party in contempt to pay
attorney's fees is ultimately within the discretion of the presiding judge.
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