Experienced Post Divorce Modification Lawyers

Post Divorce Modification includes increases, decreases or termination of maintenance, child support, educational expenses as well as changes in custody, visitation and the removal of children from Illinois. This area of practice also includes enforcement of Marital Settlement Agreement and Judgments of Dissolution of Marriage. Once a divorce is final and no longer appealable, typically after 30 days, the property division provisions are no longer subject to modification. Unless the parties have otherwise agreed in their Marital Settlement Agreement, maintenance is modifiable upon a showing of a substantial change in circumstances. Provisions concerning children, including custody, visitation, child support and educational expenses can never be non-modifiable and are subject to modification upon a showing of a substantial change in circumstances. Under Illinois law, a parent with custody of a child may not permanently remove the child's residence from the State of Illinois without judicial approval, which will only be granted if a court finds such removal is in the child's best interest. In the area of enforcement, generally, if a party needs to bring a Petition for Rule to Show Cause [why the other party should not be held in contempt of court for failure to obey a court order], the court will order the party not in compliance, to pay the other's attorneys' fees, provided the failure to comply with the court order was without cause or justification.

Yavitz & Levey, LLP
20 South Clark Street, Suite 2200
Chicago, IL 60603
Phone: 312-924-4400
Fax: 312-924-4411
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