Enforcing a Divorce Decree in Illinois - What You Should Expect

 Posted on May 30, 2023 in Divorce

When a divorce decree is finalized, other aspects such as a parenting plan, child, and spousal support are also finalized. The divorce decree is legally binding. However, some people may dislike the terms and violate their legal obligations by  refusing to pay child support or blocking the other parent from visiting their children. There are legal consequences for anyone who violates the terms of a divorce decree or order.

How The Court Can Intervene 

A divorce decree in Illinois is a court document that officially ends the marriage. It includes information such as the names of both parties, the date of separation and any orders concerning division of marital property or payment of spousal support or child support. A judge must sign a final divorce decree before a couple can legally be divorced in Illinois. The decree is the end result of a dissolution of marriage that either party can take to court. It outlines all issues which were agreed upon by both parties, and it renders a legally enforceable judgment. 

Most Illinois divorce settlements also designate each party's responsibilities, and failure to comply may result in legal action. If you believe the other parent is violating their responsibilities as set in the divorce decree, you can file a petition for Rule to Show Cause. Your ex will be required to appear in court and explain why they are not following the divorce decree. If the court finds that your ex is deliberately violating the decree, he or she can be held in contempt of court.

By doing this, the court may compel said party to meet their obligations by taking the amount they owe from their wages, suspending their license, etc. If a parent fails to follow terms set in the parenting plan or schedule, they may face several consequences. For one thing, a judge may ask them to attend a parental education program and pay a cash bond to make sure they follow the custody order and make up the time they missed with their children. In some cases, a parent may also be fined or asked to reimburse the other aren't for expenses that their violation caused. 

Contact a Naperville Divorce Lawyer Today

At Pesce Law Group, P.C., we understand how frustrating it can be when the other party refuses to keep up with obligations. Get in touch with our Naperville divorce attorney to discuss your legal obligations today. Call 630-352-2240 to set up a free consultation. 

Sources: https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000