St. Charles Post Divorce Enforcement Attorneys

Post-Divorce Enforcement and Contempt of Court Lawyers Serving Kane County

Divorce orders, whether they relate to child support, child custody, parenting time, or any other matter, are legally binding. Neither party has an option as to whether to obey the court order. As such, willfully disobeying a court order has legal consequences, and violators may find themselves in contempt of court. At the Kane County divorce law firm of Goostree Law Group, we are experienced in handling post-divorce enforcement matters, including those involving contempt of court.

Contempt of Court Findings in Kane County

A divorce may involve numerous court orders that must be followed. Any time an order is not followed, it can result in contempt. To be found in contempt, however, the order must have been intentionally disobeyed without a valid reason. If a person was not aware of the order, accidentally violated the conditions of the order, or had a good reason for the violation, that party generally will not be found in contempt of court.

For example, if one parent does not drop off a child for scheduled visitation but had a valid excuse, that would not likely result in a contempt of court finding. However, if a parent regularly refuses to turn over a child for the other parent's scheduled parenting time without a valid reason for doing so, that could result in a contempt of court finding.

The consequences for a contempt of court finding are dependent on the nature of the violation. In most cases the court will give the violator an opportunity to make up for the violation. For example, if the violation is related to failure to pay spousal support, the offending party may be allowed to pay the amount that is in arrears (as well as the other party's attorney fees and any applicable interest) without additional consequences. However, if the offending party has a history of violations, the court may take a harder line. For habitual violators, the court may order fines or jail time. In most cases, however, the threat of serious consequences is enough to compel compliance.

If the terms of a child custody or visitation order are repeatedly violated, a modification to the existing arrangement may be warranted. In some cases, a parent's actions could result in restrictions being placed on their own custody rights or parenting time. These types of modifications are more likely to be made if a parent's actions could potentially place children's physical or emotional well-being at risk.

Our attorneys are skilled in handling post divorce modifications. A history of violations is a powerful piece of evidence to support the need for a modification. We can present evidence to the court showing that a person wilfully violated orders that they were required to follow without a legally-valid reason for doing so. We will argue for new arrangements to be put in place to protect our client's rights and help prevent violations from occurring in the future.

Contact Our St. Charles Divorce Decree Enforcement Lawyers

If you are dealing with a post divorce enforcement matter and need assistance, contact us at 630-584-4800 to schedule a free consultation. We will go over the conditions of the order, how it is being violated, and what can be done to enforce it. Our attorneys strive to resolve post-divorce matters as efficiently and painlessly as possible while protecting our clients' rights at all times. We represent clients throughout Kane County and the surrounding areas of Northern Illinois.