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DuPage County family law attorneyThe divorce process is often a long and difficult one for the people going through it. It is no wonder, then, that once it is over, the parties involved feel relieved knowing their divorce decree is final. However, while the orders included in a divorce decree are legally binding, that does not mean they cannot be changed in the future. 

The courts do not take post-decree modifications lightly, but it is possible to obtain one when a person’s situation changes significantly. If you have gotten a divorce and now wish to modify one or more of the orders, below are some of the most important things you should know about these modifications.

Three Terms that Require Modification

In most cases, there are three issues that may require post-divorce modifications. These are:

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Wheaton, IL Child Support LawyersChild support payments are frequently ordered as a result of divorce proceedings, but they can occur in a variety of different circumstances. If an existing agreement mandates child support payments, it is imperative you make them as scheduled. Failure to do so can lead to dire consequences for your children, who may depend on these payments to get the clothes they need, nutritious food to eat, and school supplies.

The Illinois courts have laws to dissuade non-payment by enacting harsh penalties for delinquencies. If you are having difficulty making payments, it is vital you request a child support modification to avoid breaking these laws.

Refusal to Pay Child Support

Many child support payments withdraw directly from the non-custodial parent’s paycheck. The employer deducts the mandated payment per the provided court order. The employer then forwards payments to the State Disbursement Unit (SDU), which then disburses the money to the recipient. Each step in the child support process is recorded in a database with the Illinois Department of Healthcare and Family Services and the Division of Child Support Enforcement. If a payment is missed, DCSE or HFS sends a notice to all parties that the amount is past due.

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child support, Wheaton family law attorneyDetermining child support during divorce proceedings in Illinois is typically fairly straightforward, since the state has established a formula for child support guidelines. However, for very high-income parents, this formula sometimes turns out not to be the best tool for determining appropriate support.

High-asset and high-income divorces can be much more complex than divorces for more standard-income families, and this goes for determining child support, as well as other matters, like asset-division and spousal support.

If you are a high-income family member going through divorce proceedings, you will want to work with an experienced family law attorney in the DuPage County area who is familiar with when the support guidelines under Illinois law may not be right for high-income families, and how more appropriate child support can be determined.

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