Tag Archives: divorce decree

What if My Ex-Spouse Violates a Court Order in Our Illinois Divorce?

DuPage County divorce decree enforcement lawyerAfter your divorce is complete, your marriage will be legally dissolved, and you and your ex-spouse will go your separate ways. However, you may still be required to remain in contact with each other, especially if you have children together. In some cases, the enforcement of court orders may be necessary if one party does not meet their legal requirements. If your ex-spouse violates your divorce order, you may be able to take legal action against him or her.

Factors That Influence Court Orders

Allocation of parental responsibilities, child support, spousal support/maintenance, and division of property are some of the most common topics addressed in a divorce decree. The final decisions on these issues may have been made using negotiation, mediation, or collaborative law, or some decisions may have been left up to the judge. Regardless of how these matters were settled, upon the finalization of the divorce, the terms of the decree become a court order that both spouses are required by law to follow.

There are a wide variety of circumstances in which a person may violate a divorce order. One spouse may refuse to give up property that was granted to the other spouse, a person may not make required support payments, or a parent may not follow the parenting time schedule in the former couple’s parenting plan. In these cases, you may be able to file a petition to have your ex-spouse held in contempt of court. However, it is often a good idea to first discuss the issue with your ex-spouse, since a violation may have occurred because of an unintentional act or a misunderstanding.

Possible Outcomes

When a person is found in contempt of court, it means an act of disobedience or disrespect was committed toward the judicial branch of government. Depending on the situation, contempt of court can lead to various outcomes for the guilty party, including fines, the suspension of one’s driver’s license, and even jail time. If a person did not make their required support payments, wage garnishment may be an option, and if they violated the terms of a parenting plan, they may face restrictions to their parenting time and parental responsibility.

In many cases, situations are not as simple as they may seem. For example, mitigating factors such as the loss of a job could be the reason why an ex-spouse did make spousal support payments. By working with a family law attorney in these types of cases, you can work to reach an outcome that protects your rights while helping ensure that further violations do not occur.

Contact a DuPage County Divorce Enforcement Attorney

Certain terms of your divorce decree may not seem significant at the time of your divorce, but a violation of these terms could lead to serious consequences. If your ex-spouse has violated your divorce order, you should seek professional legal guidance to determine how to enforce it. The Andrew Cores Family Law Group will fight for your rights and help you achieve a positive outcome to your case. Contact our office today at 630-871-1002 for a free consultation with one of our skilled Wheaton, IL divorce lawyers.

 

Sources:

https://www.justice.gov/jm/jm-9-39000-contempt-court

https://www.mydomaine.com/what-is-contempt-of-court-after-divorce-1103373

 

Court Order Enforcement in Illinois

order enforcement, Wheaton family law attorneyIf 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.

Avoiding Litigation

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.

 

Source:

http://www.illinois.gov/hfs/ChildSupport/FormsBrochures/Pages/hfs8189.aspx