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.
Court Orders Are Enforceable
Once a divorce or child custody (parental responsibilities) case is finalized, the order is legally enforceable and a party seeking to change or modify the order must go through the court. Neither party can simply just decide to change their obligation without court approval - even if there is a very good reason.
Seeking Court Order Compliance
There are a few ways to seek compliance with a divorce or custody order from your former spouse or partner. Most commonly, parties may go back to court to have the order enforced.
Court-ordered enforcement can take many forms, depending on the type of order and the particular circumstances of the case. Some common methods of enforcement include wage garnishment for unpaid spousal or child support, adding interest charges for unpaid child support, and even imprisonment, under certain circumstances. A parent whose divorce decree orders him or her not to disparage their child's other parent or one who consistently denies agreed-upon parenting time to their child's other parent may even risk losing custody or having their parenting time or decision-making abilities reduced by the court.
Sometimes, it makes sense to try to avoid litigation as the first step in seeking compliance from your ex. An experienced family law attorney can work with you to negotiate with your former spouse or partner, if possible, and can also contact the attorney who represented your ex in your divorce proceedings or parenting plan. Your attorney can also send your ex a letter warning him or her about their noncompliance with the order, and the potential consequences.
If you next pursue litigation to seek court-ordered enforcement, your lawyer can help you produce records to keep track of your former spouse or partner's noncompliant acts, such as refusing parenting visits with the children.
Consult an Experienced Family Law Attorney in DuPage County
If you are looking to have a court order enforced, consult with one of the experienced DuPage County family law attorneys at our law firm. We handle all types of court order enforcement, including divorce decrees, child support, spousal support or alimony, parenting time, visitation, and even restraining orders.