Out of all the post-decree proceedings that exist, the two most common are as follows: a post-decree to modify the judgment and, after that, a post-decree to enforce the judgment.
The former refers to modifying an order that a judge approved – your current child custody agreement, for example – while the other refers to enforcing the agreements approved by the court after a divorce.
For example, if you and your spouse agree to a child support arrangement of $1,000 a month, but they aren’t following through, then you can file a post-decree to enforce this judgment.
Going over the facts underlying post-decree enforcement in the state of Illinois and speaking with an experienced Schaumburg divorce modification lawyer will help you obtain the best possible legal outcome.
Why Would A Post Decree Motion For Enforcement Be A Filed?
A post-decree motion for enforcement can be filed for a multitude of different reasons. Some of the most common of these reasons are as follows:
- The other party has not satisfied their child support obligation.
- The other party has not satisfied their alimony/maintenance obligation.
- The other party has not satisfied their property transfer obligation.
An excellent example of the latter is as follows: if your former spouse was asked to transfer half of your marital savings to you but has yet to do so and appears unwilling to do so, you could file a post-decree motion for enforcement.
Even though you always have the ability to file a post-decree motion for enforcement, doing so is not always easy. If you want to obtain the best possible outcome, it is often wise to work with an attorney.
Watch Glasgow & Olsson discuss spousal maintenance on YouTube and TikTok.
How Can An Attorney Help You With A Post Decree Motion For Enforcement?
A good attorney will help you file a post-decree motion for enforcement. This, in and of itself, can be rather complicated, which is why working with an attorney is often quite useful.
Outside of helping you file a post-decree motion for enforcement, your attorney will also help you negotiate with the other party. Doing so will help you obtain what you are entitled to in a relatively easy manner.
On the other hand, though, negotiation is not always possible. And, if this is the case, your attorney will help you obtain a judgment against the other party that allows you to obtain what you are entitled to, even if they refuse.
A particular judgment may involve garnishing the other party’s wages until their child support obligation has been satisfied. Other judgments could occur, too, depending on the facts of the matter.
You can use a post-decree motion for enforcement to have your attorney fees taken care of. This doesn’t always happen, but if the other party has deliberately failed to comply, it is possible for you to obtain these fees.
Get Qualified Legal Help
If you need representation for a divorce or child support matter in Cook County, Glasgow & Olsson is here to help.
When you need an attorney, experience matters.
Contact us today to learn how our experience can get you the results you deserve.