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Know when a post-decree motion is useful

Know when a post-decree motion is in order

While a divorce may be the end of a marriage, it is by no means the end of negotiations between parents. As our attorneys at Lois Kulinksy & Associates, Ltd., know well, many families find that circumstances change following a divorce. The agreement that once made sense may no longer satisfy the best interests of the people involved, or one spouse does not uphold the agreement.

Filing a post-decree motion is a good way to enforce or amend certain aspects of a divorce agreement. In many cases, this arises when one former spouse accuses the other of violating the terms of the agreement. Take, for example, a person who is accused of failing to make child support payments. According to Illinois Child Support Services, an order for support is eligible for modification every three years. Through a post-decree motion, a former spouse may request enforcement of the original agreement or a change to it.

There are other circumstances in which a post-decree matter may arise, such as the following:

  •        If a spouse has failed to do the paperwork to divide a pension, 401(k) or IRA account
  •        If a spouse has let medical insurance lapse
  •        If a spouse has not paid college expenses as the terms of the agreement specified
  •        If a spouse has not made alimony or spousal support payments
  •        If a spouse does not adhere to visitation, parenting or child custody arrangements

In order to change an agreement, one spouse will typically have to demonstrate that there has been a substantial change in circumstances that affect the terms of the original document. If the change pertains to children, the parent must show that any change would do more good than harm and that the change is in the best interest of the child.

For more information on this topic, please visit out page on child support and post-decree matters.

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