Wheaton Enforcement Lawyer

Post-Divorce Enforcement Attorney in DuPage County

Divorce proceedings can be stressful and emotionally draining, but many people do not realize the process may not end with the final decree. Post-divorce proceedings in Illinois are common, and in some cases, they may involve enforcing court orders regarding spousal support, child support, child custody, and visitation rights. For instance, when a divorced spouse is not receiving court-ordered support payments, or when a parent refuses to follow the agreed-upon parenting time schedule, it may become necessary to address these issues through the legal system. This can be a stressful process, especially for those who may be unsure about the methods of enforcement that may be available and the requirements they will need to meet. In these cases, the guidance of a family law attorney can be essential.

At Fawell & Fawell, we understand that the enforcement of a divorce decree can be a complicated, intimidating endeavor. At our firm, we are highly knowledgeable in this area of the law, and we can ensure that the proper enforcement procedures can be implemented when necessary. With our experience representing clients in these types of cases, you can trust that we will be able to help you resolve these issues correctly.

Enforcing a Child Custody Order

This can be a complicated process, especially if the other parent is unwilling to cooperate as you work out issues related to your children. However, there are legal steps you can take to ensure that you are protecting your children's well-being. If the other parent is violating the order, it is essential to document the violations clearly, including the days or times that they did not follow the parenting time schedule or any other actions they took that violated the terms of your parenting plan.

To ensure that your child custody agreement will be followed, you may be able to file a petition for civil contempt with the court. Contempt of court involves a failure or refusal to meet court-mandated requirements that were put in place in a divorce or child custody case. A petition for civil contempt may force the other parent to comply with the order or face legal consequences. If the other parent continues to violate the court's orders, they could face penalties such as fines or even time in jail. Other measures may also be taken, such as modifying the child custody order or placing restrictions on the other parent to ensure that your children's best interests will be protected.

Enforcing a Child Support Order

The court takes child support orders very seriously, as support payments directly affect the financial well-being of the child. Therefore, if payments are not made when required, courts will likely move swiftly to ensure that a parent is meeting their obligations. A parent will be required to make up any missed payments, and interest will usually apply until the amounts owed are paid in full. If necessary, the state can garnish the wages of the non-compliant spouse, seize funds in their bank accounts, or put a lien on their property. If a parent continues to refuse to comply with a child support order, they may be held in contempt of court, or they may even face criminal charges in certain situations.

Enforcing a Spousal Support Order

In the years following a divorce, ex-spouses who have not received the full amount of spousal support owed by the other party may seek legal recourse to enforce the court's orders. Enforcing spousal support payments can be accomplished through various means, such as garnishing wages, issuing fines for non-compliance, and other methods. In many cases, filing an enforcement order with the court is the best way to get the ball rolling and ensure that all amounts an ex-spouse has been required to pay will be fully addressed.

Contact a DuPage County Post-Divorce Enforcement Attorney

If you need assistance enforcing your divorce decree, do not hesitate to reach out to an experienced family law attorney. At Fawell & Fawell, we understand how frustrating it can be when an ex-spouse fails to live up to their requirements. We will help you understand the steps you can take to force your ex-spouse to comply with the court's orders. We serve clients in Wheaton and DuPage County, and our office is across the road from the DuPage County courthouse. Contact us at 630-871-2400 for a free consultation.