Divorce Advocates Serving Schaumburg and Surrounding Areas
Providing Free Legal Consultations for Clients Seeking Post-Divorce Enforcement
Unfortunately, all too often, people choose not to obey a court order that defines their responsibilities and obligations after a divorce —obligations related to child support or maintenance (alimony), for example—necessitating that you work with an experienced attorney to go back to court and ensure that you obtain justice and work to ensure compliance.
If you are dealing with an enforcement or contempt issues involving your ex and his or her responsibilities, the family law attorneys at Glasgow & Olsson can help. A refusal to obey a judge’s order is a serious issue that could result in serious legal consequences, including incarceration, fines, and other penalties. With decades of experience in divorce and family law, we work closely with our clients to meet their needs, and our diverse experience in related areas such as criminal law, make us the very best in dealing with family law enforcement issues.
The Law in Illinois
When someone is in contempt of court, it means that they have typically refused to obey a judge’s mandate, decree, or order. In family law, this can involve refusal to pay child support or maintenance, or to abide by the parenting plan in place. That being said, it is important to work with an attorney who is well-versed in family law in deciding on the best course of action to take when it comes to enforcement issues, as you will often need to make strategic decisions when it comes to ensuring that you and your child’s rights are protected.
In Illinois, someone can be found in civil or criminal contempt of court. Failure to pay child support pursuant to a court order would constitute civil contempt, but Illinois courts may enforce civil no contact orders, for example, using both criminal proceedings and civil contempt proceedings.
That being said, a court will always first seek to have a non-compliant party found in civil contempt to simply comply with the order, and will look at whether the individual chose not to comply with the order, or if extenuating circumstances (such as losing one’s job) was behind the lack of compliance, before looking to enforcing jail time. In addition, once the individual complies (for example, by paying previously due child support payments); he or she is no longer held in contempt. That being said, routine failure to pay child support or maintenance can result in wage garnishment, and violating custody agreements can lead to loss of certain custody rights.
A Family Law Firm That Cares
Glasgow & Olsson is dedicated to helping your family address a post-divorce enforcement or contempt of court issue. We have been serving individuals in Schaumburg, Palatine, Barrington, and surrounding areas for decades, helping to address orders that have not been followed or those that need to be modified. We are here to help your family with any post-divorce issues necessary, so Contact us today.