Nationally Acclaimed Since 1981
in Divorce and Family Law Matters

Go To Divorce PageGo To Custody PageGo To Support Page
Go To Paternity PageGo To Adoption Page
Go To Post Decree PageGo To Bankruptcy Page
Go To Pre Nuptials PageGo To Wills PageGo To Domestic Violence Page

Staff Image

- POST-DECREE ENFORCEMENT AND MODIFICATIONS -


            Our Child Support Modification attorneys assist our clients to know and understand the options available to them. When fact circumstances change, one parent may be in a substantially better position than the other parent to contribute to the support of a child or children. If the payor has been working for many years after a divorce, legal separation or paternity establishment, that parent may be making substantially more income so that there would exist a substantial change in circumstances which would warrant an increase in Child Support. There also may be other increased support obligations for the child or children.

            On the other hand, if a parent paying support has been laid off, is unemployed or suffers a cut in pay, a Petition for Modification of Child Support is also required and necessary in order to protect that parent from being held in contempt for non-payment. In addition, it is necessary to stop the accrual of support arrearages which, once accrued, may be irreversible to contest later on.

            It is absolutely essential that when a payor is having a substantial decrease in their financial circumstances that they immediately hire our experienced attorneys to assist them in protecting their rights and file an appropriate Petition for Abatement and/or Petition for Decrease and Modification of their Child Support obligation.

            Likewise, it is equally important for a parent who requires an increase in Child Support to immediately file their Petition with the Court as well. In Post-Decree divorce and legal separation cases, as well as paternity cases, retroactive relief can only be obtained for an increase or decrease in Child Support based on the date that the case is actually filed with the Court making that request for an increase or decrease. Abatements can only be effective in a divorce, legal separation and paternity case from the date the Petition is filed as well.

            However, in an initial paternity action, retroactive relief may be retroactive back to the date of the birth of the child subject to the affirmative defense factors set forth in the Paternity Statute which defends against this result.

ILLINOIS CUSTODY AND CHILD SUPPORT ENFORCEMENT

            The attorneys at The Law Firm of Wendy R. Morgan are also aggressive about collecting Child Support. Once Child Support has been ordered, it is legally binding upon the other parent paying Child Support. Our attorneys utilize all of the legal avenues available to them to enforce Child Support Orders for our clients. They employ techniques such as obtaining Citations to Discover Assets, freezing bank accounts, ceasing assets to pay the Child Support debt, suspending the Driver’s Licenses of delinquent support parents – all which encourages the delinquent parent to pay Child Support. Our firm will file Petitions for Indirect Civil Contempt to declare the delinquent parent in contempt of the Child Support Order, requests jail time and other remedies when necessary, and pursue other legal remedies to encourage payment of Child Support.

            Post-Divorce disputes, commonly referred as Post-Judgment or Post-Decree matters, also include enforcement of Divorce Judgments and Orders, as well as Modifications of those Judgments. Other changes in circumstances that are addressed in Post-Judgment litigation are those situations in which a parent desires to change visitation or custody or move with the child to another State or Country.

            Our experienced attorneys at The Law Firm of Wendy R. Morgan are experience and effective in dealing with Post-Decree disputes. We have been assisting parties for over 28 years and are highly competent and skilled in these matters.


Call 24/7
Locally - 847-259-5700
or
Toll Free - 1(800) WR MORGAN / 1(800) 976-6742

for more information

- Office Hours 8:30 am to 5:30 pm CST -

- Evening Appointments Available -

Go To Top