How Are Divorce Decrees Enforced in Illinois?

 Posted on July 29,2024 in Divorce

When a court grants a divorce, it issues a divorce decree. This is a document that says the marriage is dissolved and declares the couple officially divorced. A divorce decree also contains the court’s orders on matters pertaining to the divorce, such as:

• Child custody

• Property division

• Family maintenance, which includes child support and alimony

The decisions in a divorce decree are legally binding and enforceable. If either party violates any of those orders, he or she can face certain consequences, which this article will explore. If you feel your ex-spouse is in violation of a court order, contact an Illinois divorce attorney to discuss the next steps.

File a Petition

The first step toward enforcing a court order is filing a Petition for Rule to Show Cause with the court. In this form, you will explain to the judge how you believe your ex-spouse is violating a court order. If you provide sufficient evidence for your claim, the court will set a hearing where your ex will be asked to appear and explain why he or she is disobeying the court. If the judge feels your ex has violated a court order without good cause, the court may place him or her in contempt. 

What Is Contempt of Court?

Contempt of court means that a party is being disobedient or disrespectful of the court. In this case, the judge may place the disobedient ex-spouse in civil contempt of court. Doing this allows the judge to order certain enforcement actions, such as:

• Issue fines to compel the party to comply with the order 

• Garnish wages, such as in the case of a parent who refuses to pay alimony and/or child support

• Order jail time as a last resort

In some cases, a judge may decide to change the parenting plan. A parenting plan is a document both parents are required to submit during the divorce, and it describes how they will co-parent their children after the divorce is granted. Once approved by a court, a parenting plan is legally binding.

If a parent is disobeying the parenting plan, a judge may decide to change it. This could mean restricting that parent’s physical custody rights, known in Illinois as parenting time. For example, if the parent is violating the parenting plan in a way that endangers the child, the judge may limit the parent to supervised visitations with the child.

Contact a Geneva, IL Divorce Attorney

Court orders issued in a divorce are enforceable, and judges have an array of legal tools at their disposal to enforce them. One of the most effective ways to ensure an order is enforced is to hire an attorney at Serrano Hanson, where we thrive on providing our clients with unparalleled legal service. Schedule a consultation with a Kane County, IL divorce lawyer by calling 630-844-8781 today. Spanish speakers are available for your convenience.