Joliet Post-Divorce Enforcement Lawyer

Attorney for Enforcement of Divorce and Child Custody Orders in Will County

Getting through the divorce process can be stressful, even in situations where a couple splits amicably. After dealing with multiple types of legal and financial issues and managing the difficulties of separating from their partner, ex-spouses will usually prefer to stay out of court for the foreseeable future. Unfortunately, this is not always possible, especially when the other party does not follow the court's orders or abide by the terms of a divorce or child custody agreement. In these situations, a person may need to work with an attorney to determine how they can enforce their divorce decree.

At Erin Webster O'Brien, P.C., we can help you understand the best ways to respond following a violation of the court's orders by your ex-spouse. We will advise you of your options, and we will work with you to take steps to ensure that your rights will be protected. We will work to reduce your stress in these difficult situations and help you find solutions that will ensure that both you and your ex will be able to follow the terms of your divorce decree or child custody order.

Addressing Violations of Family Court Orders

There are many ways that an ex-spouse may refuse to follow the court's orders, including:

• A person may not turn over property or financial assets that were allocated to the other spouse in a property division settlement.
• A parent may fail to follow the parenting time schedule included in their parenting plan, such as by not showing up to pick up their children for their scheduled parenting time or by refusing to allow the children to spend parenting time with the other parent.
• An ex-spouse may fail to pay child support or spousal support as ordered.

It is important to understand that if one party violates the terms of a court order, the other party cannot commit their own violation in retaliation or as a method of punishment. For example, if a parent fails to pay child support, the other parent cannot withhold parenting time until the amount owed is paid. Similarly, if a parent refuses to follow the terms of a parenting plan, the other parent cannot withhold child support in retaliation. Any violations of the court's orders could result in penalties, so those who are seeking to enforce these orders will need to avoid committing additional violations.

To enforce a divorce decree or the terms of a child custody order, a person may file a petition asking the court to address the violations committed by the other party. The court may take steps to address any violations that have occurred, such as by allowing parenting time that was withheld to be made up or ensuring that any missed support payments are paid, along with interest. If necessary, court orders may be modified to prevent future violations, such as by reducing a parent's parenting time or requiring them to have supervision present when they are with their children. If a person continues to willfully violate the court's orders, they may be held in contempt of court, which can result in penalties such as fines, the loss of a driver's license, or even time in prison.

Contact Our Will County Divorce and Child Custody Enforcement Lawyer

If your ex-spouse violated the terms of your divorce decree, or if your children's other parent has refused to follow child custody orders, you will want to understand the steps you can take to address these issues. Attorney Erin O'Brien can help you file a petition to enforce court orders, and she can provide you with strong representation in any court proceedings that are required. She will work to help you find the best solution to your situation. For skilled and dedicated legal representation in your case, contact our office by calling 815-727-2100.