WHAT SHOULD I DO WHEN MY EX ISN'T FOLLOWING A COURT ORDER?

A lot of people involved in a divorce think once the final judgement is entered, the hard part is over. However, many different post-decree issues can arise as a result of one party not following the court order. In this case, the complying party will first need to file a Petition for Rule to Show Cause with the court, asking the court to determine from the opposing party why the judgement isn't being followed.

If a party is willfully violating an order, he/she can be held in contempt of court and be ordered to pay compensation to the opposing party. However, if the violation is not willful, for example if a party is supposed to make a lump sum payment and simply doesn't have the money, the court will try to work out a resolution to reach the end result indicated by the judgement.

If you are experiencing a situation like this, contact our divorce attorneys for a free consultation to discuss your options.

http://www.westmontattorneys.com/Divorce-Child-Support/

NEW DIVORCE LAWS IN ILLINOIS

As of January 1, 2016, the Illinois Marriage and Dissolution of Marriage was written with significant modifications. We are going to be taking a look at these over the next several posts, but the question addressed today is "Which cases do these new laws apply to?" The new law is quite specific of when it is applicable.

First of all, it will apply to all divorce petitions and cases filed after the rewrite became effective, January 1, 2016. However, it will also apply to divorce cases filed before January 1, 2016, which are not yet resolved, meaning that if the case is still active as of January 1, 2016, and no judgment for dissolution has been entered prior to that date, the new legislation will apply. Finally, it will also apply to post judgment matters filed after January 1, 2016, even if the original judgement was entered under the old law. These post judgment matters usually apply to modification of support, maintenance, or custody.

It is important to have an experienced divorce attorney on your side who understands these laws. Contact the attorneys at Hubeny & Zaba, LLC with any questions.

http://www.westmontattorneys.com/Divorce-Child-Support/

HOW IS MAINTENANCE (ALIMONY) CALCULATED IN A DIVORCE?

Prior to recent developments, there was no easy way to calculate maintenance in a divorce. There was no formula to use, and maintenance was simply based on a variety of factors, such as length of the marriage, standard of living of the parties, employability of the receiving party, etc. However, Illinois has since developed a maintenance calculator that is meant to provide a guideline for attorneys and judges. It takes into account all of the factors that the court would usually consider in order to provide a projected maintenance amount. This is intended to assist attorneys and parties with negotiating settlement terms by offering estimates or guidelines. It is still relatively new so it is difficult to judge its effectiveness yet, but it hopefully can reduce the amount of litigation over maintenance and provide some stability to that area of divorce.

http://www.westmontattorneys.com/Divorce-Child-Support/