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Kane County Divorce Order Enforcement Lawyer

Kane County Post-Divorce Enforcement Lawyer

Attorneys Explain How to Enforce Court Orders for Child Support and Parenting Time in Geneva and St. Charles

When someone violates a parenting time agreement or fails to make child support or spousal maintenance payments on time, everybody suffers. Those are the most common post-divorce enforcement issues, but other violations include failure to pay debts and failure to follow-through on the transfer of assets such as title to a car, sale of a home, or turning over a portion of a retirement savings account.

It is important to remember that even if a payor experiences a substantial change in circumstances, they are required to continue making child support and maintenance payments until the corresponding court order has actually been modified.

The divorce attorneys of Weiler & Lengle P.C. empathize with the stress it puts on you when you have to keep fighting to get your ex to comply with the terms of your divorce agreement. We will gladly take on that burden for you. We have been practicing in the family courts of Kane County for decades, so we know just how to obtain the results you need.

Kane County Process for Enforcing the Terms of Your Divorce

The enforcement process generally starts with documentation. We will want to see any written and dated communications you have exchanged with the offending party regarding the issue, or your written and dated notes about any conversations. The better organized your record-keeping is, the easier the process of enforcement will be.

The next step may be to write a letter to the other party that details the specific terms of your divorce or co-parenting agreement that have been violated. Sometimes the threat of legal action is enough to inspire cooperation.

If the other party remains noncompliant, we will file a motion for enforcement in the county court. The specific legal action depends on the violation:

  • If a co-parent is blocking access to your children, we can file a Petition to Enforce Allocated Parenting Time. The co-parent will be served a summons and will have to appear in court and explain their actions.
  • If the other party repeatedly fails to make maintenance or child support payments on time, we can file a Petition for Rule to Show Cause. The defendant will be served notice and must appear in court to account for their actions.

The courts typically give the offending party a chance to make amends before taking the more drastic action of holding the offender in contempt of court, which can mean fines or jail time. Failure to pay child support in Illinois can also result in driver's license suspension.

To enforce payment obligations, the court may issue orders for wage withholding, garnishment of a state or federal tax refund, or seizure of assets.

If the payor has had a substantial change in circumstances, they may ask the court to modify their payment obligations. However, past due amounts, in most cases, will still be owed until the date the request for modification is filed.

St. Charles Lawyers to Enforce Child Support Agreements

For assistance with the enforcement of any provisions of your divorce settlement, including payments owed or failure to adhere to parenting time plans, call on the law firm of Weiler & Lengle P.C. Our practice is dedicated to matters of divorce and family law. Contact us at 630-382-8050. We serve clients in St. Charles, Geneva, and neighboring communities in Kane County.

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