Geneva, Illinois Post-Decree Modification Lawyers
Experienced Family Law Firm Assisting With Post-Divorce Modification and Enforcement in Geneva, IL
Even with the most amicable parting of ways and a clear, logical divorce decree, support order, or judgment, one may need assistance with post-decree modification or enforcement issues after their case has been finalized. There are many reasons one may need help, ranging from a parent who has abandoned their responsibilities to a shift in the local job economy that has made it necessary to relocate.
At Serrano Hanson & Hurtado, LLC, we strive to provide our clients with representation that balances legal knowledge with real-life, personal experience. When it comes to family law concerns such as post-decree modification or post-decree enforcement, this balance is particularly beneficial to the people we serve and their loved ones. Our attorneys draw on extensive experience in family courts as well as our own work in mediation and as Guardians ad Litem to offer clients unique, personal, and effective solutions to their problems.
Post-Decree Modification
While a final divorce decree or paternity judgment may have made sense when the proceedings took place, any number of life events could require a change in the decree. One common reason that people seek a post-decree modification is that they have experienced a change in material circumstances that will affect their ability to fulfill their obligations under the current order. For example, someone may have a health issue arise that impacts their ability to work, or they may have been fired from a job and are now unable to find similar employment. If this is the case, an experienced family law attorney from the team at Serrano Hanson & Hurtado, LLC can help you file the appropriate petition with the court to get the judgment or order adjusted so that it fairly reflects your current situation.
Post-Decree Enforcement
Revisiting a divorce decree may need to occur if the other party has failed to fulfill the terms of a divorce decree or other family court ruling, including:
- Modifying custody and/or visitation agreements.
- Failing to pay child support.
- Failing to pay maintenance.
In these situations, the courts can require the person who has violated the agreement to fulfill their obligations. Often, the courts may deduct the money from the non-custodial parent's wages directly to ensure that the custodial parent is paid promptly and in full, or they can deduct the money from the non-custodial parent's tax refund. The state of Illinois has other measures to enforce a divorce decree, such as the Family Financial Responsibility Act that suspends the driver's licenses of parents who fail to pay child support for 90 days or more.
Modifying Custody and Parenting Time
In Illinois, the allocation of parental responsibilities is treated very seriously by the courts. Once a decision-making agreement has been finalized, the terms generally cannot be altered for two years unless there are concerns about the child's safety or well-being. On the other hand, changes to the terms of parenting time may be made at any time, as long as there has been a change in circumstances that warrants a modification. Valid reasons for altering parenting time could include a change in either parent's work schedule or a necessary relocation. In any case, a modification to parenting time will be approved or denied based on what the court believes is in the child's best interests.
Speak With a Skilled Geneva Post-Divorce Enforcement and Modification Attorney
When you need help modifying a divorce decree or enforcing one, Serrano Hanson & Hurtado, LLC can help. We have extensive experience in family law, allowing us to offer you a comprehensive perspective and personal guidance as you navigate this challenging and often emotional time in your life. Let us help you acquire what you are entitled to under our laws – contact us today at 630-844-8781 to get started. We serve clients in Batavia, Campton Hills, South Elgin, Geneva, and St. Charles, as well as those found in Kane, DeKalb, Kendall, and DuPage Counties.