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Kane County Post Divorce Modification and Enforcement Lawyers

Post Divorce Modification and Enforcement Attorneys in Batavia, Geneva, Elburn, and Throughout Illinois

Though most divorce settlements address the current and future needs of two parties and their children, oftentimes circumstances within each household change. It can be necessary to modify the original divorce decree of child custody arrangement. Or, in other instances, one party may fail to meet their end of a divorce settlement thus prompting the other side to go back to court.

At The Stogsdill Law Firm, P.C., our lawyers have experience handling complex post divorce modification and enforcement matters. We advocate for our clients' best interests, whether through negotiation or courtroom litigation and set realistic expectations for these challenging family law situations.

Modifying Support and Child Custody Arrangements

Over time, the financial circumstances of a former spouse can change, so one party may request to modify an alimony (spousal maintenance) or child support order. For example, if one party pays alimony and loses his or her job, a modification of those payments may be considered reasonable until the payor can provide sufficient payment again. Similarly, if the receiving party becomes self-sufficient and their income increases, the payor may ask for a reduction or termination of alimony.

Changes to child custody may also be made after an original divorce decree. However, the court may be reluctant to change a custody order unless there has been a significant uproot in either party's circumstances. If one parent proves the other of endangering a child or maintaining an unfit environment for the child, a modification can be granted by a judge. Likewise, if one parent does not follow the custody arrangements (as in preventing visitation), that can be grounds for child custody modification.

Removal of a Child Out-of-State

If a custodial parent receives a better paying job, for example, that parent may petition the court for removal, or moving to another state. As with all family law cases, the court will consider the child's best interests above all else. A judge will consider the following:

  • Motives for the move;
  • Motives for the opposing party;
  • Quality of life the child will have after the move; and
  • Current and future visitation arrangements.

Enforcement of Support and Custody in Kane County

In many instances, the terms of a divorce decree may be disregarded. If one party fails to pay child support or alimony, there are legal consequences he or she can face. Also, legal options are available to enforce child custody orders. Our attorneys can help you decide how to move forward if you ex-spouse has violated a support or custody order. We can help both parties resolve the issues through mediation, or when an amicable solution cannot be reached, we are prepared to represent your needs in court.

For more information about the modification of child support, alimony, or child custody orders, contact our attorneys at 630-462-9500630-462-9500. Meet with a skilled lawyer from The Stogsdill Law Firm, P.C. today. We assist clients in Kane County and throughout the surrounding city and suburban areas.

  • DuPage County Bar Association
  • Illinois State Bar Association
  • American Bar Association
  • Rotary of Oak Brook
  • BV Distinguished Rating by Martindale Hubbell
  • American Institute of Family Law Attorneys
  • American Institute of Family Law Attorneys
  • Top 40 Under 40
  • DCBA Law Firm of the Year
    DCBA Law Firm of the Year 2011, 2013
  • Outstanding Service to the Office of the State’s Attorney 2006-2007
    Outstanding Service to the Office of the State’s Attorney 2006-2007
  • Outstanding Misdemeanor Prosecutor 2012
    Outstanding Misdemeanor Prosecutor 2012
  • Client's Choice Award AVVO
    Clients' Choice
  • Thank you for helping me realize how good things really are in my life. I now focus on creating happiness each and every day for me & my girls. Things are definitely looking up!

  • If you are in need of a true advocate, and you are stuck in the family law court system in DuPage then William Stogsdill should be your choice. I feel strongly about his ability and I can't say enough.

  • I just wanted to take a moment to thank you for your professional assistance and advice on my recently dismissed case. I can again look forward to being together with my wife for many more years.

  • Mr. Smit has demonstrated a high degree of loyalty and trust worthiness to his work and to his associates. Justin certainly is an asset to your Law Firm, his organization skills are second to none. I have and will continue to recommend Justin ...

  • You've clearly established a client-focus in your office -- providing your clients with the warmth and understanding they need as they go through a very difficult time. Thank you, again, for all your help.

  • Taking that step to file for divorce was probably one of the most life changing decisions I have ever made. The process is very painful and emotionally draining. I retained Robert Boyd and Justin Smit of The Stogsdill Law Firm, P.C...