What if My Ex-Spouse Violates a Court Order in Our Illinois Divorce?
Posted on August 30, 2019 in Divorce
After 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
