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Enforcement

Rolling Meadows Post-Decree Modifications Lawyer

After a divorce has concluded, the agreements and court orders are entered into the record and are binding on the parties. Modification of an order is possible when there has been a substantial change in circumstance for the child support, child custody or alimony (spousal support). The court will enforce its orders when presented with evidence of violations, such as failure to pay child or spousal support. Property settlements are almost never modified, absent a showing of actual fraud by one of the parties.

At our firm, Heckman Law, we represent clients with modification and enforcement issues. We provide comprehensive advice and guidance for all aspects of family law cases. We are experienced family law attorneys who understand the impact that family law matters have on our clients’ lives. We understand how to prepare the evidence to demonstrate to the court the changes in circumstances since the original order was entered.

Issues that May Require Modification or Enforcement

The types of family law orders that are frequently modified or require enforcement include:

Child Support

Child support may be modified to account for a change in circumstances, such as job loss or medical issues. If support payments have been missed, it may be necessary to return to court to obtain an enforcement order and wages may be subject to garnishment.

Child Custody, Parental Responsibilities, Parenting Time and Visitation

May be modified if circumstances require a change due to a different work schedule of a parent, a remarriage or a relocation necessitated by a job change. Also, if the custody agreement is being violated, the order can be enforced to ensure that parents get their allowed time with the child or children.

Alimony and Spousal Maintenance

Increased or decreased based upon the needs of the parties or the ability of a spouse to pay. Can also be enforced if payment is not being received.

Help at Every Stage of Your Divorce

As your life and financial needs change, your divorce decree may need to change, too. Please contact us at your convenience to discuss your post-decree modification and enforcement issues during a free initial consultation. We can review the details of your case and determine the best way in which to proceed with the matter.

FAQs About Enforcement in Illinois

How Do I Enforce a Child Support Order?

To enforce a child support order, you can take the other parent to court by filing a petition with the court that issued the same order. An attorney can walk you through the entire process. 

What Is Contempt of Court in an Illinois Family Law Case?

Contempt of court means a party willfully disobeyed a valid court order. In Illinois family law, this may arise when someone refuses to pay support, denies parenting time, or fails to transfer property per the divorce decree. Penalties can include fines or jail time.

Can Someone Be Incarcerated for Not Paying Child Support?

Yes, a parent who willfully refuses to pay child support can face incarceration following a contempt finding. Judges typically exhaust other remedies first, but repeated non-compliance can lead to jail time.

What Should I Do If My Ex Keeps Denying Me Court-Ordered Parenting Time?

You can file for a rule to show cause, meaning you are asking the court to hold the other parent in contempt. Repeated denials can result in a judge ordering make-up parenting time, a modification of the schedule, or sanctions.

What Happens If My Ex Won't Sign Over Property Awarded in Our Illinois Divorce?

The court can compel compliance through a contempt order. An Illinois judge also has the authority to sign property transfer documents on the non-complying party’s behalf, if needed.

What Evidence Do I Need to Show that My Ex Violated a Court Order?

You may want to keep a copy of the original court order, as well as records documenting the violation, such as missed payment statements, text messages, or a log of denied parenting time, and a clear timeline. An attorney can help you organize this before filing.

Contact our office to arrange for a free initial consultation and review of your case.

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Andrea Heckman

Managing Attorney

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Please contact our law office in Rolling Meadows for legal assistance with divorce, child custody, or visitation issues. We serve clients in the Chicago metropolitan area who need the help of an experienced and dedicated family law attorney.

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