St. Charles, IL Post-Divorce Enforcement Attorneys

Lawyers for Post-Divorce Enforcement of Orders and Contempt of Court in Divorce Cases in Kane County

kane county divorce order enforcement lawyer

Going through a divorce requires negotiating and sometimes litigating numerous matters. Once the divorce is finalized, the terms of the settlement or judgment are legally binding. Both parties are obligated to fulfill their responsibilities or face legal consequences. In some cases, those consequences may include contempt of court. Even though there are very real penalties for ignoring or disobeying a court order, it happens all the time. At Shaw Sanders, P.C., we are experienced in handling post-divorce enforcement matters from both sides. We will strongly represent your interests and seek a fair and reasonable resolution.

Enforcing Divorce Orders in Kane County

There are many reasons why a divorce order may be violated. In some cases, these violations are accidental or even excusable (i.e. forgetting to pick up a child for parenting time). In other cases, one party may demonstrate a consistent disregard for their responsibilities and the court's authority (i.e. refusing to send court-ordered support checks).

When dealing with enforcement matters, each case is handled on a case-by-case basis. In general, most offending parties are given the opportunity to make the matter right. If, for example, alimony/maintenance is not being paid, the payor may be given a chance to repay what is owed without further consequence. Arrangements may also be made to force compliance with support orders through withholding, garnishments, and arrearages.

Contempt of Court for Divorce Order Violations

When an offending party refuses to make amends and/or habitually violates a court order, more severe consequences may be employed, including holding the offender in contempt of court. The penalty for a contempt of court finding may include fines and possibly jail time. Consistent violations can also be sufficient cause for a post-divorce modification. Regardless of the situation, our attorneys have the skill and experience to advocate effectively for your interests.

How Can I Enforce a Divorce Order in Kane County?

If you believe that your ex-spouse has violated the terms of a divorce order, you can take legal action to enforce it in a court of law. By filing a Petition for Rule to Show Cause, you can request a judge to enforce an existing order. As part of this petition, you must explain when and how the violation occurred. A judge can then hold a hearing to determine whether or not the violation occurred. If the judge finds that a violation occurred, your ex-spouse could be held in contempt of court.

To enforce a court order, you will have to supply proof that your ex-spouse violated the order. For instance, you could present text messages showing that your ex-spouse knowingly disobeyed a child custody order. You could also point to bank statements to show that your ex-spouse has not paid a court-ordered amount of alimony or child support. We represent clients on either side of a court order dispute, so when you work with our firm, we will take the time to help you build a thorough case.

Meet With a St. Charles, Illinois Post-Decree Enforcement Attorney

If your former spouse is failing to abide by the terms of your divorce or you feel like you have been unfairly accused of violating a divorce order, contact Shaw Sanders, P.C. by calling 630-584-5550 to schedule a free consultation. We will examine the relevant divorce order and provide our experienced opinion on whether a violation has occurred and what your legal options are for redress. Regardless of where you stand in a dispute about a court order, we are here to help. We offer clients reasonable and realistic legal advice and counsel and help you obtain an efficient resolution to your dispute.

Contact Us

How Can We Help?

NOTE: Fields with a * indicate a required field.
*
*
*
AVVO LL BV BLF