| CHANGING THE ORIGINAL OUTCOME |
The rules to modify the original order depends on what is being changed.
Child Support. Decrease. Child support can be decreased if the
payor's wages are decreased through no fault of the payor. This would
mean that the payor was laid off, took a new job that had better pay
potential, or was injured such that the payor's job was lost. The deceased
child support would be set according to the statutory guideline.
Child Support. Increase. Child support can be increased if either a
change in circumstances occurs or two years has passed since the child
support was set. Illinois law requires an increase in the child support
payment by 20% for the increase to occur. If the payor receives a
promotion or obtains a different employment, the increase may meet the
20% requirement. An attorney can give additional insight into ascertaining
the earnings of the payor. The new child support amount would be set in
accordance to statutory guidelines.
Visitation. Many times a visitation schedule hammered out during a
divorce will not be in the best interest of the child/children either
immediately or years down the road.
Custody. Within two years. Section 610 of the Illinois Marriage and
Dissolution of Marriage Act denies custody changes made earlier than two
years unless the court permits it to be made on the basis of affidavits that
there is reason to believe the child's present environment may endanger
seriously his physical, mental, moral or emotional health. The exception to
this rule is when the custodial parent has a relationship with a registered
sex offender.
Custody. After two years. Section 610 of the Illinois Marriage and
Dissolution of Marriage Act requires clear and convincing evidence of a
change in circumstances such that it is in the best interest of the child that
custody be modified.
ENFORCEMENT OF THE DIVORCE ORDERS
The orders entered in a divorce can be enforced through the Court if a
party fails to follow the order. Example of such orders are the Judgment of
Dissolution of Marriage, the Marital Settlement Agreement, and the Joint
Parenting Agreement. When a party has failed to abide by an order, the
Court can find that party to be in contempt. The exact title of the document
and the exact procedure to enforce the divorce orders depend on the
local rules of the judicial circuit in which the contempt document is
brought.
CONTEMPT. The Court has the power to hold a person either indirect civil
contempt or criminal contempt.
Civil Contempt. When a person is found in civil contempt and sanctions
are imposed that person may "purge" him/herself of the contempt by
complying with the order of the Court. If the person is sentence to a term
of jail that person can be released from jail by complying with the order.
With this type of contempt, the person held in contempt "holds to keys to
the jail cell" so to speak as he/she can avoid jail by complying with the
order or be released by complying with the order.
Criminal Contempt. When a person is found to be in criminal contempt,
this person is immediately taken to jail and is released at the discretion of
the judge. A judge could impose a sentence without a bond requiring the
person to serve the sentence unless the judge reduces the sentence.
PAYMENT OF ATTORNEY'S FEES. Section 508(b) of the Illinois Marriage
and Dissolution of Marriage Act governs the payment of attorney's fees by
a party that is found to be in contempt. The decision to require the party in
contempt to pay attorney's fees is ultimately within the discretion of the
presiding judge.
| Website of the Law Office of Angela Lund-Logan |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |