ARTICLES

Enforcement and Modification in Illinois

Interest: In most cases, the entry of a judgment starts the clock ticking and interest accrues at a rate of 9% on the amount of money to be paid under the terms of the judgment. That is a lot of interest – nearly credit card rates and a better return than you're likely to find anywhere else. It doesn't always work that way in divorce court, however. The language of some judgments makes the payment of interest mandatory¹ – in other cases, however, the award of interest is left to the judge's discretion.²

Modification: Once a judgment (whether after trial or by agreement with a Marital Settlement Agreement) is entered by the judge, the property division is final and may not be modified. This is different from child support obligations and maintenance payments which both may be modified upon a "substantial change in circumstances." Long-after the entry of a judgment, either party may go back to court and try to modify child support and maintenance obligations. The property division papers, however, are final and unchangeable even as the ink from the judge's pen is still drying. Of course, either party may seek to appeal the judgment or even have the judge reconsider the matter. Judgments may also be attacked and set aside where they are unconscionable. If you need to modify your property division, contact our office immediately – time is of the essence. There are very strict deadlines within which to make your argument.

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