DuPage County Post Decree Enforcement Divorce Lawyer

Wheaton Law Firm Assisting Clients With Enforcing Divorce Orders

Divorce can be a lengthy, arduous process, and once a final settlement or judgment has been reached, both parties are usually ready to move on with their lives and put this difficult time behind them. However, even after all decisions about the dissolution of the parties' marriage have been made and set down in a divorce decree, one party may not be meeting the requirements of the settlement. In these cases, the other spouse should contact a family law attorney to discuss their options for post divorce judgment enforcement.

Common Post Decree Issues

Disagreements about whether the terms of a divorce decree are being followed can arise in a variety of situations, including:

• One party has not turned over the marital property that the other party was granted in the divorce decree
• An ex-spouse ordered to pay spousal maintenance or child support is not making these payments on time or in full
• One parent is not following the agreed parenting time schedule

Ex-spouses may have a variety of reasons for not following all the terms of a divorce decree. They may be willfully violating the agreement, changes to their circumstances may have made it impossible for them to comply with the decree, or they may have interpreted the terms of the divorce judgment differently than their former spouse.

Enforcing a Divorce Judgment

A divorce decree is a court order, and willful violation of a court order can result in serious consequences, including fines, suspension of licenses, being ordered to pay the other party's attorney's fees, and even jail time. A person whose ex-spouse is violating their divorce judgment has a variety of options available, including filing for contempt of court, pursuing criminal charges, or initiating collection procedures to recover funds through methods such as wage garnishment.

Your ex-spouse's non-compliance with a divorce order can be a serious problem, especially if you are not receiving the spousal support or child support you need to provide for your family. However, if your ex-spouse is not meeting the terms of your divorce decree, filing a motion to find them in contempt of court is not always the best solution, since drawn-out legal proceedings can be expensive, and they may only exacerbate an already difficult situation. You should consult with your attorney to understand your options and determine the best path to take.

Experienced Representation in Post Divorce Enforcement

At Anderson and Associates, P.C., our experienced, compassionate divorce lawyers understand the problems that our clients face when an ex-spouse does not meet the terms of their divorce decree. We can help you understand the steps you can take to enforce the terms of your divorce settlement, up to and including legal action in court. We will work with you to protect your rights and reach a resolution to the matter as quickly and efficiently as possible. Contact our DuPage County law office at 630-653-9400 to schedule an initial consultation.