Divorce judgment enforcement in Wheaton, IL can be a complex and difficult process for those involved. If your spouse is not in compliance, it is important to understand the legalities and steps involved in order to ensure that your judgment is enforced properly and in a timely manner.

The Role of the Court in Divorce Judgment Enforcement

When a divorce judgment is issued, it is the responsibility of the court to ensure that it is enforced. This can involve a range of actions, including garnishing wages, seizing assets, and ordering the sale of property. In some cases, the court may appoint a third party, such as a mediator or an arbitrator, to assist with the enforcement of the judgment.

The Process of Divorce Judgment Enforcement

The process of divorce judgment enforcement in Wheaton, IL typically begins with the court issuing an order to the party who is required to comply with the judgment. This order may specify the actions that must be taken, such as the payment of child support or the transfer of judgment assets.

Divorce settlements are created with the idea that they will endure forever. While this could be true for couples who separate without children or alimony obligations, certain elements of divorce settlements seldom stand the test of time. Fortunately, the divorce laws in Illinois' court system take this scenario into account. 

At the Andrew Cores Family Law Group, our divorce judgment modification attorneys have helped clients make changes to many aspects of their divorce including spousal support, child custody, and child support. It may be feasible to amend certain sections of the divorce decree if important areas of your life have changed. Our experienced lawyers can answer your inquiries in consultation with clarity and detail.

Spousal Support Modification

There are several reasons for either spouse to ask for adjustments, regardless of whether maintenance is temporary or ongoing. These adjustments are often only accepted in cases when a person's circumstances have significantly changed. The payor may ask for their payments to be decreased or stopped if they lose their employment, have serious health problems, or run into other problems that make it difficult for them to make support payments. It may be appropriate to ask to have spousal assistance stopped if the receiver starts making more money and is able to live independently without it. If the recipient gets remarried or begins a new relationship in which they cohabitate with a romantic partner, spousal maintenance can also be ended.

Prenuptial agreements, also known as premarital agreements or prenups, are becoming increasingly common in the state of Illinois, including in Dupage County. These agreements are contracts that are entered into by two people before they get married, and outline how their assets will be divided and what will happen to alimony payments if the couple divorces.

Prenups can be an essential tool for protecting the financial interests of both parties in a marriage. In Illinois, the law provides that a lawyer must represent each party in a prenup, and the agreement must be fair and reasonable at the time it is signed. If a prenup is found to be unfair or one-sided, a court may choose to not enforce it.

Reasons for Prenuptial Agreements

One of the most common reasons people enter into a prenup is to protect their separate property, such as assets they owned before the marriage or inheritances they expect to receive. Without a prenup, these assets may be considered marital property and subject to division in the event of a divorce. A prenup can also be used to establish how property acquired during the marriage will be divided, such as a family business or real estate.

Making sure you and your ex-partner create a parenting plan that safeguards your child's best interests is crucial if you are going through a divorce process or terminating a long-term relationship. The choices you make throughout this challenging time will have an ongoing effect on your children.

Parenting agreements are, in most cases, better for all parties involved when the agreements are developed outside of court. However, not all divorces are straightforward, and sometimes the parties cannot agree on who will raise the children after the divorce. If this is the case, they frequently find it difficult to reach a custody arrangement either independently or via mediation. The decision about the custody arrangement may thereafter be made by the family court system as part of the couple's divorce.

What is a Parenting Agreement?

A parenting agreement is a written document that specifies how choices about a child will be made, as well as how parents will share their parenting time in a schedule. All parents of children under age 18 who are divorced, separated, or even who were never married must create a court-enforceable parenting agreement. 

Many couples make a prenuptial agreement that specifies provisions for a divorce before they are married. Premarital agreements can include a wide range of topics that can be discussed and agreed upon by both parties. Even though it is advised that every couple create a prenuptial agreement before getting married, many do not. 

The good news for such couples is that postnuptial agreements are recognized under Illinois law as well. The same conditions and concerns covered by prenuptial agreements are also covered by postnuptial agreements. The main distinction is that the contract is signed after the couple has already been married.

What is a Postnuptial Agreement?

Postnuptial contracts are binding agreements. Similar to agreements made prior to marriage, the couple determines in advance how the couple's joint property and spousal support would be handled in the event of a divorce. These agreements avoid court entanglement while sparing the couple the financial anguish of a contentious divorce. Postnuptial agreements can also make it simpler to decide what belongs to each party separately and what is marital property.