The Law Offices of Peter M. LaSorsa, P.C. represent clients located in Peoria, Tazewell, Fulton and Woodford Counties requiring assistance and advice in family law matters relating to modifications after judgment.

1.   Alimony

A.   Only periodic alimony may be modified—Courts retain the authority to modify an alimony award based upon a change in circumstances occurring after the alimony order was entered. If there is no award of alimony in a divorce order or if a lump sum was ordered, there is no ongoing award to modify and all future rights to alimony are terminated. Therefore, it is important that nominal alimony be made a part of the divorce decree, so that the right to future modification will be preserved.

B.   Grounds for Modification—The grounds for modifying an alimony award are a substantial and material change in circumstnaces affecting the needs of the recipient spouse and/or the ability to pay of the other spouse. In general, the self-induced reduction in income of one spouse will not be sufficient to reduce alimony. If the spouses reconcile and move back in together, no alimony shall be owed for the period of reconciliation.

2.   Child Support—The court may modify child support based upon a substantial change in circumstances affecting the needs of the children or the ability of the parents to pay. Other factors a Court may consider are material changes in circumstances pertaining to employment, growth of the children, inflation, income, retirement or a disabling illness.

3.   Overdue Payments Not Modified—Past due installments of child support are not retroactively modified. In the event a Court orders a modification, the modification shall only be as to future payments.

Enforcement of Awards

1. Alimony—Alimony awards may be enforced by filing a petition with the Court that entered the order to hold the party who is not complying with the order in contempt of court.

1. Civil Contempt- A spouse who has the ability to pay may be found in civil contempt and incarcerated, but will hold the jailhouse keys, in that he/she can get released by paying the amount specified.
2. Criminal Contempt—a specific sentence imposed upon a defaulting spouse to punish the spouse for willful failure to pay.
3. Other Sanctions—Here is a list of other sanctions, which may be used to obtain compliance with an alimony order:
   1. Judgment against the non-complying party;
   2. Seizure of real estate of the non-complying party;
   3. Attachment of the wages of the non-complying party; and
   4. Order of payment of attorneys' fees.

2. Child Support—The remedies listed for alimony are the same for child support.

1. Wage Withholding and Payment to County Clerk—Once a Court has issued a support order, the Court can issue an income deduction order to the spouse's employer. The employer is then required to deduct the ordered amount from the spouse's check and forward it to the Court.

2. Interception of Tax Refunds—A state may seek to intercept a federal tax refund of an individual who owes at least $500.00 in support arrearages.

3. Licenses Not Granted or Renewed—Certain licenses may not be granted or renewed if child support is in arrearages.

4. Child Support Recovery Act—The Child Support Recovery Act ("CSRA") makes it a federal criminal offense to willfully fail to pay past-due child support to a child who resides in another state if the amount has been unpaid for more than one year or if the amount due is greater than $5,000.00.

Contact Peter LaSorsa Online or Call Peter at 309-712-1145 for a Free consultation to discuss matters concerning your divorce, separation or your rights concerning the distribution of property.