Post-Decree Proceedings

Make Sure Your Agreements Continue To Work For You

A post-decree modification may impact several areas of the divorce, including:

• Alimony/Maintenance: Spousal support payments may need to be altered if the paying spouse is having financial difficulties and is no longer able to maintain the level of support laid out in the original agreement. Also, if the receiving spouse is remarried, they may no longer need to receive alimony payments.
• Allocation of Parental Responsibilities (Formerly Child Custody): Work schedule changes and/or a move out of the area may be valid reasons to seek a modification of the custody and/or parenting time arrangement.
• Child Support: When the non-residential parent has a significantly lower income due to financial hardship, it can impact his/her ability to keep up with the child support payments. Rather than becoming delinquent, it is best to petition the court to have the support payments lowered. There are also financial issues such as college expenses that may need to be worked out during a post-decree proceeding.

Your Obligation To Your Child’s Higher Education

When a divorce is finalized, the issue of who will cover the post-secondary education expenses of the children can be left unresolved. As of January 1, 2016, changes to the Illinois Marriage and Dissolution of Marriage Act (IMDMA) have made it so that both parents must contribute to the college experiences of their child. There is also a new section of the law outlining the termination of the obligation to contribute to educational expenses when the child is 23 years old unless good cause can be shown. Once the child reaches 25, however, the obligation will end regardless of circumstances.