Post-Divorce Enforcement – What You Need to Know

 Posted on July 30, 2024 in Family Law

When a divorce is finalized, both parties must adhere to the divorce order that has been agreed upon. Divorce orders typically outline certain responsibilities for both parties, such as child custody and alimony obligations, and ignoring or neglecting these responsibilities can lead to serious consequences. Repeated violations of a divorce order can result in the need for post-divorce enforcement.

An experienced Illinois post-divorce enforcement attorney can review your case and give you an idea of your next steps if your ex is violating a divorce order.

What Counts as Violating a Divorce Order?

Divorce orders include important agreements about issues like visitation (parenting time), decision-making authority (custody), child support, and alimony payments. Both ex-spouses must uphold their end of the agreement after a divorce, as divorce orders are legally binding.

However, you may find that your ex violates your divorce order. This may be done intentionally, such as when your ex does not agree with an arrangement like child support and refuses to pay, or it may be done by accident, such as when your ex forgets to pick up shared children from school at a certain time.

In general, any action where one party ignores or neglects his or her responsibilities as outlined by a divorce agreement can be considered a violation of that divorce order.

What Are My Options for Post-Divorce Enforcement?

If you find that your ex is not adhering to his or her end of your divorce agreement, you may need to pursue post-divorce enforcement. You have a few different options for enforcing your divorce order or modifying it to better work for you and your ex.

• If your ex is refusing to pay alimony or child support, he or she may be subject to withholding, garnishment, or payment plans ordered by the court.

• If your ex is struggling to meet certain requirements due to an illness or other reasonable situation, you may be able to negotiate a post-divorce modification.

• If your ex is repeatedly ignoring and violating parenting time, the court may find him or her in contempt of court, and he or she could face jail time or fines.

Your lawyer can review your case and help you determine the best option for enforcing your divorce order.

Contact a St. Charles, IL Post-Divorce Enforcement Attorney

Adhering to the specifics of a divorce order may be difficult at times, but it is necessary for both you and your ex to maintain the terms of your divorce agreement. If you find that your ex is continually violating your divorce order, you may need to pursue post-divorce enforcement. A knowledgeable Kane County, IL post-divorce enforcement lawyer can help you understand your options.

Our attorneys at Shaw Sanders, P.C. can provide you with dedicated representation to ensure the terms of your divorce order are enforced. Call 630-584-5550 for a free consultation.