Enforcing a Divorce Decree When an Ex Refuses to Comply

 Posted on May 18, 2022 in Kane

Most people assume that once their divorce is finalized, they are done with the divorce process and can relax. Unfortunately, this is not always the case. Some former spouses refuse to comply with the terms of their divorce judgment. They stop paying child support, fail to provide the spousal maintenance required, or ignore asset division terms. If your ex-spouse is not complying with the terms of your divorce, do not wait to take action. Contact an experienced divorce lawyer for help right away.

Property Division in Divorce

The division of assets and debts is often a crucial aspect of a divorce case. Property division may be resolved through a negotiated settlement between the parties or the result of a Judgment entered after a trial. Regardless of how the divorce was resolved, the spouses are expected to follow through with the final divorce decree.

If your spouse has not complied with property decisions, you can file a Petition for Rule to Show Cause. The court may charge the non-compliant spouse with contempt if he or she refuses to comply

Non-Payment of Child Support

Parents subject to a child support order are expected to make full payments on time. However, some parents assume they can get away with not paying. Even if a parent has a legitimate barrier to paying child support, such as job loss, it is the parent's responsibility to notify the court and request a child support modification.

Non-payment of child support can lead to driver's license revocation, wage garnishment, property liens, and other consequences. Some parents can even face jail time for not paying child support.

You may be able to enforce non-payment of child support through the Illinois Department of Healthcare & Family Services Division of Child Support Services at no cost Unfortunately, the DCSS is often overwhelmed with cases, so you may get faster results by working with a private attorney and enforcing child support by filing a petition for adjudication of indirect civil contempt in court.

Spousal Maintenance Noncompliance

Like child support and other aspects of a divorce decree, the terms of spousal maintenance are legally binding. A spouse who fails to make spousal maintenance payments can also be held in contempt of court. The court has the authority to garnish the non-paying spouse's bank account or wages or intercept tax returns. In some cases, a spouse who refuses to pay spousal maintenance can face criminal charges and even jail time.

Contact a Kane County Divorce Enforcement Lawyer

If your ex-spouse is not following the terms of your divorce Judgment, contact our skilled Kane County divorce attorneys for help. Call 630-665-7300 for a confidential consultation.

Source:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K2-1203