Location 1725 S Naperville Rd, Suite 201, Wheaton, IL 60189
Call Us Today Phone 630-480-7600

 

Location 1725 S Naperville Rd, Suite 201, Wheaton, IL 60189
Call Us Today Phone 630-480-7600

Wheaton, IL Post Judgment Enforcement Lawyers

Knowledgeable Attorneys for Post Judgment Enforcement Matters in Wheaton, Illinois

Once a divorce is final, both spouses are held to the terms of the decree. However, a divorce decree is only effective as long as both spouses are willing to obey it. When one spouse intentionally violates a divorce court order, the issue may have to be escalated with the courts. A Wheaton, IL post-judgment enforcement attorney can help you take appropriate action while following the right procedures.

At Smit Zaruba P.C., we have the skills and resources to represent clients in post-judgment enforcement matters. We have received numerous 5-star reviews for our effective representation in family law matters, as we take our clients' concerns seriously.

Violations of Child Custody Orders

When a court enters a parenting plan in Illinois, both parents are legally required to follow it. These orders establish each parent's parenting time, decision-making authority, and other responsibilities related to the child's upbringing. Unfortunately, some parents fail to comply with these orders, creating frustration and instability for both the other parent and the child.

Violations of a custody order can take many forms. One parent may repeatedly refuse to allow scheduled parenting time, fail to return a child at the agreed time, or make unilateral decisions about schooling, healthcare, or extracurricular activities despite a shared decision-making arrangement. In other situations, a parent might relocate with a child without proper notice or attempt to undermine the parenting plan in smaller but persistent ways.

If your co-parent is not following the custody order, you have legal options to enforce the terms of the judgment. Courts in Illinois take parenting orders seriously because they are designed to protect the child's stability and best interests. A judge may order make-up parenting time, clarify the terms of the parenting plan, or take other measures to address repeated violations.

What Can I Do if My Ex Will Not Pay Support in Wheaton?

Child support and spousal support are court-ordered financial obligations. When a judge enters an order requiring one spouse or parent to make support payments, the paying party must comply with the order unless and until it is formally modified by the court.

If your former spouse stops paying child support, the consequences can be significant for both the child and the parent who relies on that support. Missed payments may lead to financial strain and uncertainty about how everyday expenses will be covered. Illinois law provides several enforcement tools designed to address unpaid support obligations.

Similar concerns arise when a person fails to pay court-ordered maintenance. Spousal support orders are meant to provide financial stability following a divorce, particularly when one spouse relied on the other's income during the marriage. When payments stop without a valid modification, the receiving spouse may face serious financial difficulties.

A parent or former spouse who is not receiving court-ordered support can file a petition with the court seeking enforcement. Depending on the circumstances, the court may order payment of past-due amounts, establish payment plans for arrears, or impose additional penalties designed to encourage compliance with the order. Our firm can help you pursue methods of enforcement for unpaid child support as well, such as a suspension of their driver's license.

What Is Contempt of Court?

Contempt of court occurs when a person purposefully violates a court order. In family law cases, contempt proceedings are often used to compel compliance with orders related to parenting time, child support, or spousal maintenance.

To find someone in contempt, the court must determine that a valid order existed, that the person knew about the order, and that the person intentionally failed to comply with it. If a judge concludes that the violation was willful, the court may impose various penalties.

Possible outcomes in contempt proceedings can include fines, payment of attorney's fees, orders requiring compliance within a certain timeframe, or other remedies designed to enforce the court's authority. In some cases, a judge can even order jail time as part of contempt of court. The goal of these proceedings is not simply punishment, but ensuring that court orders are respected.

Contact a Wheaton Post Judgment Enforcement Attorney Today

When a former spouse or co-parent ignores a court order, the situation can quickly become stressful and disruptive. At Smit Zaruba P.C., we represent clients in post-decree enforcement actions involving custody violations, unpaid support, and other disputes arising after divorce. Call 630-480-7600 or contact our Wheaton, Illinois post-judgment enforcement lawyers to set up a consultation.