Post-Decree Matters

After the divorce is finalized and a Judgment for Dissolution of Marriage is entered by the court there is still continuing jurisdiction by the court to enforce not only the terms of the Judgment but also to allow for modifications of support provisions. This is called Post-Decree in the Domestic Relations system. Statistics in Cook County show that over 70% of the Judgments for Dissolution of Marriage granting divorces in Cook County, Illinois result in post-decree work done within 1 to 5 years after the Judgment for Dissolution of Marriage is entered. There are three main areas of post-decree litigation in Family Law cases: 1) Enforcement of support provisions; 2) Modification of support and 3) Post Majority educational expenses to allocate each parties’ contribution to the college or trade school expenses of the children of the marriage.

The most common type of post-decree work to be done is enforcement of particular provisions of the Judgment for Dissolution of Marriage. Enforcement provisions can run the gamut from arrearages that accrue for child support to a failure by one party to pay the debt attributed to that party pursuant to the Judgment for Dissolution of Marriage. The usual manner in taking care of these types of enforcement provisions is to file a Petition for Rule to Show Cause Seeking Indirect Civil Contempt for failure to comply with the Judgment or a court order relating to that particular issue.

The Illinois Legislature enacted Section 508(b) of the Illinois Marriage and Dissolution of Marriage Act to allow the prevailing party in any proceeding for the enforcement of an order or Judgment of Dissolution of Marriage, to collect their cost and reasonable attorney’s fees whenever the court finds that the failure to comply with the order or judgment was without compelling cause or justification.

Another major issue for post-decree matters is issues involving modification and/or termination of maintenance, or spousal support, formerly called alimony. Most Illinois courts, including those in Cook County, DuPage and Lake County are trending towards awarding rehabilitative maintenance. This means that it is incumbent upon the spouse receiving the support to petition the court to show that they have made good faith effort to rehabilitate themselves and that the continuation of maintenance is necessary in order that the spouse receiving support can achieve rehabilitation. This represents a significant difference from permanent maintenance where the burden is on the spouse paying spousal support or maintenance, formerly called alimony to show a change in circumstances that warrant either modification and/or termination of provisions for maintenance, or spousal support, formerly called alimony.

Additionally, there always seems to be litigation involving Section 513 of the Illinois Marriage and Dissolution of Marriage Act, which involves educational expenses for non-minor children of the divorced parents and for children born out of wedlock. The usual trigger for this type of litigation involves the modification of child support precipitated by the support paying parent upon the child’s graduation from high school.

An experienced attorney, such as Michael A. Meschino would be able to assist you in all of your post-decree needs, including modification and termination of provisions for maintenance, support, educational expenses and property distribution, the enforcement of provisions of the Judgment for Dissolution of Marriage including but not limited to child support arrearage and payment of debts and to modify child custody when conditions warrant. Please contact us at 1 (800) 835-4202 for a free 30 minute consultation on your post-decree matters.