Enforcing Court Orders: What to Do if Your Ex-Spouse Is Not Complying

 Posted on May 17, 2023 in Family Law

Divorce can be complex and challenging to navigate, especially when it comes to enforcing court orders. However, whether it is related to child custody, spousal support, or asset division, court orders must be followed to ensure a fair and just outcome. 

Unfortunately, not all ex-spouses comply with court orders, which can be frustrating and financially burdensome for the other party. In Illinois, various legal options are available to enforce court orders related to divorce and family law matters. This blog discusses these legal remedies, which can help you ensure your rights are protected.

What to Do if Your Ex-Spouse Is Not Complying

When a divorce is finalized, the court issues a divorce decree that contains the terms of the divorce settlement. This decree becomes a legally binding court order that both parties must follow. If one party fails to comply with the court's orders, the other party can take legal action to enforce the order.

The first step is to try to resolve the issue amicably. This could involve having a conversation with your ex-spouse or seeking the help of a mediator or family law attorney. If an amicable solution cannot be reached, you may need to take legal action to enforce the court's orders. There are several legal options available to enforce court orders in Illinois. Some of them are discussed below.

Motion for Contempt

If your ex-spouse is not complying with a court order related to property division, spousal support, or any other divorce-related issue, you can file a motion for contempt. This legal action requests the court to find your ex-spouse in contempt of court for failing to comply with the court order. If the court agrees, your ex-spouse may be fined or even sent to jail until they comply with the court order.

Petition for Rule to Show Cause

This legal remedy is similar to a motion for contempt. However, it is usually used in cases where the other party is not complying with a court order related to child support or custody. This legal action asks the court to require your ex-spouse to appear in court and explain why they are not complying with the court order. If the court finds that your ex-spouse is not following the court order, they may be fined, or other enforcement actions may be taken.

Wage Garnishment

If your ex-spouse is not complying with a court order related to child support or spousal support, you may be able to request a wage garnishment order. This legal action requires your ex-spouse's employer to withhold a portion of their wages to pay the child or spousal support owed.

Property Liens

If your ex-spouse owes you money or property, you may be able to place a lien on their property. This means they cannot sell or transfer the property until the debt is paid.

Contact a Hinsdale Court Order Enforcement Attorney

If your ex-spouse is not complying with court orders, you can take legal action to enforce the order. Hinsdale family law attorney at the Law Office of Martoccio & Martoccio can help you understand your legal options. We offer legal representation for individuals facing family law matters, including enforcing court orders. Contact our Hinsdale court order enforcement attorneys today by dialing 630-920-8855 to schedule a consultation.

Sources:

https://www.washingtonlawhelp.org/resource/contempt-of-court-in-a-family-law-case-the-ba

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+V&ActID=2086&ChapterID=0&SeqStart=6100000&SeqEnd=8350000