303 W. Main Street, West Dundee, IL 60118
 | 847-428-7725
Call for a Free Consultation
100 Illinois Street, Suite 200, St. Charles, IL 60174
 | 630-200-4882
By Appointment Only
West Dundee, IL847-428-7725
St. Charles, IL630-200-4882
Facebook Twitter LinkedIn
Search

Enforcing a Post-Divorce Modification Order in Illinois

Posted on in Divorce

St. Charles divorce lawyersWhen two people get divorced, the court typically issues a final judgment that documents the terms and conditions of the divorce. However, it is not uncommon for there to be changes to the original divorce settlement or agreement. Sometimes these changes are necessary due to lifestyle changes or if they are in the best interest of a couple’s child. Post-judgment order modifications can include a change in the child support payment amount or allocation of parental responsibilities if one parent loses his or her job or moves to another state. 

Steps to Take for Enforcing an Order

Post-divorce decree issues can often become hostile and expensive. It is ideal if everyone involved can resolve these issues without taking actions such as contempt of court. If possible, negotiating an amicable resolution saves all parties time and money. However, this is not always the case if one party does not follow an order. If one party is not willing to cooperate, someone can pursue enforcement through the courts by filing a contempt of court motion. In the majority of divorce cases, contempt of court actions are typically filed for reasons such as:

  • Non-payment of child support;
  • Non-payment of spousal maintenance;
  • Failure to adhere to parental responsibility and parenting time agreements; and
  • Sale of property that violates property settlement agreements.

The Illinois Department of Child Support Services (DCSS) has the authority to implement certain enforcement procedures. For example, if one parent is behind on child support payments, they can garnish wages from his or her paycheck. Sometimes, the DCSS gets overloaded with a lot of cases, and a lawyer can file a contempt of court motion on a parent’s behalf to help recover any money that is owed.

Penalties for Violating an Order

Once a petition is filed, the offender must give the court reasons as to why he or she is violating an order. He or she can try to prove that the violation was not done on purpose. However, if the court finds the other person is violating the court order intentionally, the court can hold that person in contempt of court, which can lead to possible jail time. In addition, if the court finds an order has been violated “without compelling cause or justification,” the person violating that court order can also be ordered to pay some of the other party’s attorney’s fees. If the fees are not paid promptly, the offender risks the possibility of another contempt of court motion brought against him or her.

Contact an Elgin Post-Judgment Order Enforcement Lawyer

A divorce can be a long and tedious process, especially if children are involved and there are many issues that need to be worked out, such as child support or parenting time. In some situations, ex-spouses may need to modify their original divorce settlement or agreement due to a job loss or a relocation. The knowledgeable legal team at the Law Offices of Benedict Schwarz, II P.C. has over 50 years of experience in divorce and family law. Our Kane County divorce attorneys have extensive knowledge in handling many types of divorce cases, including enforcing post-judgment orders. Call our office at 630-200-4882 today to schedule a free consultation. 

 

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K510

http://ilga.gov/legislation/ilcs/documents/075000050K508.htm

Martindale Hubbell Rating Super lawyers Attorney Registration and Disciplinary Comission Lawyers Association Program Illinois State Bar Association Kane County Bar Association DuPage Bar Association
Back to Top