Divorce judgment enforcement in Wheaton, IL can be a complex and difficult process for those involved. If your spouse is not in compliance, it is important to understand the legalities and steps involved in order to ensure that your judgment is enforced properly and in a timely manner.

The Role of the Court in Divorce Judgment Enforcement

When a divorce judgment is issued, it is the responsibility of the court to ensure that it is enforced. This can involve a range of actions, including garnishing wages, seizing assets, and ordering the sale of property. In some cases, the court may appoint a third party, such as a mediator or an arbitrator, to assist with the enforcement of the judgment.

The Process of Divorce Judgment Enforcement

The process of divorce judgment enforcement in Wheaton, IL typically begins with the court issuing an order to the party who is required to comply with the judgment. This order may specify the actions that must be taken, such as the payment of child support or the transfer of judgment assets.

While many Illinois couples look forward to the finalization of their divorce as the day when their problems with their ex will end, for some couples, divorce is only the end of certain problems and the start of new ones. Although divorce decrees are enforceable court orders that both spouses must follow, not all spouses feel equally bound to abide by the law and may violate the terms of the divorce decree in ways that cause serious difficulties for the other spouse, especially when children are involved. If your former spouse is flouting your divorce decree, you may want to get help from an experienced Illinois divorce attorney.

The Reason for the Violation May Affect the Response

If your ex has stopped making child support payments because he unexpectedly found himself out of work, you may be able to talk to him and set up an arrangement that works for you both until he gets back on his feet financially. It is generally best to avoid a heavy-handed court response for minor violations that are the result of changing circumstances when other solutions may be more effective.

However, if your ex simply does not want to pay child support or has deliberately lost his job to avoid making payments, you may want to take more drastic measures. Likewise, if your former spouse is failing to follow your parenting schedule or making important decisions without following your parenting plan, you may want to take action.

In divorce cases, child support or spousal maintenance payments are often ordered. If you have been awarded spousal support or child support, chances are you need those payments in order to provide for your family’s needs. In some cases, a spouse may not be consistent in making support payments, or he or she may refuse to pay them altogether. Not only can this be frustrating, but it can also result in serious legal ramifications for the non-paying spouse. Both types of support orders are legal court orders, meaning a person can face harsh consequences if they are not followed. Illinois courts have various ways of enforcing support orders when this becomes necessary.

Failure to Pay Support in Illinois

The state of Illinois does everything in its power to ensure that those who are required to pay spousal support or child support do so. There are several different ways a person can be held in contempt for failing to pay a support order, according to the Illinois Non-Support Punishment Act. A person may be found to be in contempt if he or she:

• Willfully refuses to pay maintenance to his or her ex-spouse, with the knowledge that his or her ex needs such maintenance.

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If you have a divorce decree, parenting plan agreement, or spousal or child support order in place, it can be incredibly frustrating – even infuriating – when your former spouse or partner does not live up to his or her part in the agreement or court order. Fortunately, an experienced family law attorney in Illinois can help you seek compliance from your ex.

When Your Ex Refuses to Comply or Cooperate with a Court Order

The entire purpose of going through the initial settlement or litigation process was to obtain an official arrangement so that all parties can move forward. Yet, when one spouse or partner refuses to comply, it can make all the previous time and expense spent finalizing the divorce or parenting plan seem wasted. This, however, is not the case.