What if My Ex Refuses to Follow the Divorce Agreement?

 Posted on November 20, 2024 in Divorce

After a long and stressful divorce process, reaching a divorce agreement can feel like a huge relief. However, issues may occur if one spouse fails to comply with the terms of the agreement, leaving the other with financial, legal, or emotional frustrations. If your ex-spouse is not following your divorce decree, there are several legal steps you can take to address the situation. A skilled Illinois family law attorney can help you enforce your divorce agreement and pursue options to protect your rights.

What Can You Do if Your Ex Refuses to Pay Child or Spousal Support?

When an ex-spouse fails to pay child or spousal support according to the divorce agreement, state laws provide several enforcement options, such as:

• Income Withholding Orders: The court can issue an income withholding order, which requires the ex-spouse's employer to remove support payments directly from their wages.

• Interception of Tax Refunds or Lottery Winnings: If support payments are overdue, Illinois law allows the state to take federal or state tax refunds and lottery winnings from the person who owes support to help pay off the debt.

• Property Liens: The court can place liens on the non-paying party's property until they pay the amount owed.

What Happens if Your Ex Does Not Comply with Property Division Orders?

If your ex refuses to turn over assets that have been awarded to you, like a vehicle or personal property, or does not follow orders on selling or transferring jointly owned property, you may need court intervention.

In Illinois, you have options to enforce the property division terms, including:

• Filing a Motion for Contempt: If your ex-spouse intentionally ignores the property division order, you can file a motion for contempt with the court. Doing so can lead to penalties, including fines and, in extreme cases, jail time.

• Requesting Specific Enforcement: A court can issue specific orders that mandate compliance with property division terms.

Can the Court Enforce Parenting Time and Custody Arrangements?

A significant amount of stress can arise for you and your children if your ex-spouse fails to comply with parenting time or custody agreements. Illinois law provides various options to enforce custody and visitation orders:

• Filing a Motion to Enforce Parenting Time: If your ex denies you scheduled parenting time, you can file a motion with the court to enforce the custody arrangement. Illinois courts prioritize the child's well-being and may impose fines or other sanctions if the parenting schedule is consistently disregarded.

• Petitioning for Modification of Custody: If repeated violations occur, the court may modify the custody order, factoring in each parent's willingness to follow court orders when determining the child's best interests.

How Can You Protect Yourself from Future Non-Compliance?

If your ex’s non-compliance has created financial strain or stress, consider the following steps to protect yourself from future issues:

• Secure Automatic Payments: For child and spousal support, consider income withholding orders to ensure that payments are deducted directly from your ex’s paycheck.

• Keep Detailed Records: Maintain records of all missed payments, denied parenting time, or any other breaches of the divorce agreement, as these records can support your case.

• Consult a Family Law Attorney: A family lawyer can provide guidance about non-compliance and help you work toward effective results.

Contact a Kane County, IL Divorce Enforcement Attorney

If your ex-spouse refuses to follow the divorce agreement, a dedicated St. Charles, IL family law attorney at Goostree Law Group can help you pursue legal action, protect your finances, and secure your future. Contact us at 630-584-4800 to discuss your case.