Naperville, IL Post-Decree Enforcement Attorneys

Aggressive Lawyers Enforcing Divorce Orders in Naperville, Illinois

After your divorce, you and your ex will be bound to a set of court orders about property division, spousal support, child custody, and child support. While not all divorces involve all of these elements, you must obey the judge's orders all the same. If your spouse has violated the decree, you may need help enforcing it. A Naperville, IL post-decree enforcement attorney can stand up for your rights and guide you through the legal proceedings.

At Fay & Farrow, we know how aggravating it can be to deal with an ex who refuses to adhere to the terms of your divorce. We have decades of experience handling highly contested family law issues, so you can trust that we will fight for a fair resolution on your behalf.

Addressing Child Custody Violations in Illinois

When a parent fails to comply with a custody order, the impact on the child's stability can be profound. Illinois law requires each party to adhere strictly to parenting time schedules and decision-making protocols set forth by the court. If your ex-spouse is withholding parenting time exchanges, you have the right to seek enforcement through the circuit court. A judge can order make-up parenting time, modify the existing schedule, or impose other remedies to protect your child's best interests.

Pursuing enforcement typically begins with filing a petition to enforce or modify the custody order. You must provide evidence of the violation, such as missed exchanges or unilateral scheduling changes. Courts consider the frequency and severity of the breaches when determining appropriate relief. In many cases, demonstrating a pattern of non-compliance will persuade the judge to take decisive action to ensure your parental rights are honored.

What if My Spouse Will Not Pay Child or Spousal Support?

Child support and spousal maintenance are critical to fulfilling the court's division of financial responsibilities. If your former spouse refuses to make court-ordered payments, you can file a petition for enforcement with the same court that issued the original decree. Illinois law empowers judges to employ a range of tools—from income withholding and state support agencies to suspension of driver's or professional licenses—to compel payment.

Gathering precise documentation of missed or partial payments is essential to building a strong case. Bank statements, pay stubs, and correspondence with your ex-spouse can demonstrate the arrearage and any attempts you made to resolve the issue informally. Once your petition is filed, the court may hold your ex-spouse in contempt, establish a payment plan for past due amounts, or refer the matter to the State Disbursement Unit for ongoing collection and distribution.

Contempt of Court for Divorce Decree Violations in Naperville

When informal efforts fail, contempt proceedings offer a powerful remedy for enforcing any provision of your divorce decree. In Naperville, contempt of court arises when a party willfully disobeys a valid court order, whether it concerns custody, support, property division, or any other term of the decree. A contempt finding can result in various sanctions, including fines, or in more egregious cases, jail time.

To obtain a contempt order, you must file a petition outlining the specific violations and assert that they were deliberate. The court will schedule a hearing at which both sides present evidence and testimony. If the judge finds willful non-compliance, the court may require the offending party to purge the contempt by fulfilling the outstanding obligation, pay your attorney's fees, or face coercive measures. In all instances, swift action helps preserve your rights and underscores the seriousness of abiding by court orders.

Contact a Naperville, IL Post-Decree Violation Lawyer

At Fay & Farrow, we understand how frustrating it can be when your former spouse disregards court orders. Call 630-961-0060 or contact a Naperville, IL post-decree violation lawyer to protect your parental rights, secure the support you deserve, and hold your ex-spouse accountable under Illinois law.