How Are Divorce Orders Enforced in Illinois?

 Posted on August 19, 2021 in Divorce

Once a divorce decree is finalized, issues such as spousal support, child support, and a parenting plan are finalized as well. Whether parents are satisfied with the terms of the divorce decree does not matter; until and unless the decree is modified, the original decree is legally binding.

Unfortunately, some people who are dissatisfied with the terms of their divorce decree decide that they will flout some or all of it. They may refuse to pay support or to let the other parent visit the children. Fortunately, Illinois provides consequences for failing to obey a divorce order, and an experienced family law attorney can help you pursue enforcement.

File a Petition for Rule to Show Cause

When you are struggling with a non-compliant ex-spouse, you can file a petition for Rule to Show Cause. This is a court form used when one party believes another party is violating a court order. After you file the petition, your ex must appear in court and explain why they are not following the divorce order. If the court finds that your ex is deliberately violating the court order, he or she can be held in contempt of court.

Legal Consequences for Not Following a Divorce Decree

Being held in contempt of court is just one serious consequence of failing to adhere to the terms of a divorce decree. It can lead to fines and even jail time. However, Illinois courts have other punishments at their disposal that depend on the particular violation. For example, if someone fails to pay court-ordered spousal or child support, the court may garnish their wages, charge interest, suspend their driver’s licenses, and order fines and/or imprisonment until they come into compliance.

If a parent is ordered by the court to not badmouth their ex during parenting time with their children, but he or she continues to disparage the other parent, the badmouthing parent could risk losing parenting time altogether.

Speak with a DuPage County Court Order Enforcement Attorney

The attorneys with Cosley Law Office understand that dealing with a non-compliant ex can be frustrating and difficult. We have experience successfully pursuing enforcement of divorce orders and will work on your behalf to pursue the terms to which you are entitled. You do not have to endure this challenging time alone. Schedule a free, confidential consultation with an experienced Wheaton, IL family law attorney. Call us today at 847-253-3100.

  Source:

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2089&ChapterID=59