Skilled Post Divorce Attorneys Enforcing Court Orders in Wheaton, IL
One of the biggest advantages of having a court judgment that defines matters of child custody, child support, spousal support, and other issues of divorce is that this judgment is legally enforceable. Parents who fail to pay child support can face arrest. Failure to pay alimony can result in wage garnishments. Parents who consistently violate visitation agreements can face legal action, including the loss of custody rights.
At Musielak & Rosinski LLC, we can help modify a divorce court order if the terms no longer work for you and your family. Our Wheaton, IL post-decree enforcement attorneys are also prepared to help protect your rights if your ex will not follow a court order.
Legal Help Enforcing and Defending Divorce Judgments in Illinois
Since a divorce judgment is a court order, a spouse who violates that order can face consequences, including being held in contempt of court. When violations are brought to the court's attention, a person may be ordered to follow the court's orders, and continued violations can result in penalties. These penalties may include fines, the suspension of a driver's license, or even jail time.
In some cases, filing a contempt petition is not the best decision to make unless the other party's behavior is particularly egregious, or they continue to refuse to follow the court's orders. Legal action can often create more difficult conditions, and it can lead to continuing disputes that make cooperation between ex-spouses or co-parents difficult. An experienced lawyer can often help matters along more amicably by convincing the other party to meet their obligations and follow the terms of the agreement or judgment.
When there are circumstances that warrant legal action, a lawyer can file a contempt petition and take steps to ensure that the court will enforce the terms of a divorce, including child custody and child support arrangements. This includes holding accountable those who owe back child support. Ultimately, the choice of how to proceed will be up to a person who is seeking to enforce their divorce judgment, but our attorneys can provide guidance on the best approach to take and the procedures that will need to be followed.
Common Divorce Decree Violations
Common violations of divorce decrees include failing to pay child support or spousal support on time, refusing to follow the agreed parenting time schedule, or declining to transfer property or refinance a shared debt as required by the decree.
Other violations can involve failing to maintain life insurance policies meant to secure support payments, denying a parent access to school or medical records, or making major decisions about a child without consulting the other parent when joint decision-making authority was granted. These violations can range from minor scheduling conflicts and slip-ups to serious breaches that affect a family's financial stability or a child's well-being.
What Is a Motion to Enforce?
A motion to enforce asks the court to require the other party to comply with the terms already set out in the divorce decree. Rather than asking the court to create new obligations, this motion serves as more of a reminder that existing terms remain binding and must be followed. Filing a motion to enforce can prompt the non-compliant spouse to catch up on missed payments, follow the parenting schedule, or complete outstanding property transfers before further action becomes necessary.
Contact Our DuPage County Divorce Order Enforcement Attorneys
For more information regarding the enforcement of divorce judgments in Illinois, speak with one of our experienced family lawyers at Musielak & Rosinski LLC. Contact our Wheaton, IL post-decree enforcement attorneys or call 630-344-6525 for a free initial consultation. We represent clients in DuPage County, Kane County, and Kendall County.