Wheaton Post Divorce Enforcement Lawyer
Divore Lawyers for Support Collection and Contempt of Court Proceedings in DuPage County and Surrounding Areas
A divorce decree is a series of legally binding court orders intended to resolve the relevant issues in a divorce. The decree may include orders related to the allocation of parental responsibilities, asset division, and other considerations. Compliance with a court order is not optional. If either party intentionally fails to comply with a court order, he or she will face legal consequences, including being held in contempt of court. The experienced family law attorneys at Goostree Law Group are skilled in matters of post-divorce enforcement and contempt of court proceedings.
What Is Contempt of Court?
A judge can find a person to be in contempt of court for two primary reasons. The first reason is rude or distracting behavior in the courtroom. The second reason, and the one that is most applicable to divorce proceedings, is the willful failure to comply with an order issued by the court, including the failure to pay ordered child support or spousal maintenance. Any time that a party to a divorce fails to follow an applicable order, a contempt proceeding may be initiated.
It is important to understand that initiating a contempt proceeding is not the same as finding a party to be in contempt of court. Contempt proceedings are intended to give the offending party the opportunity to explain why he or she did not follow the order. For example, if the party was truly unaware that the order had been issued, he or she would not be likely to be found in contempt for a first violation. Similarly, if the violation was unintentional, or a good reason existed for the violation, a finding of contempt is unlikely.
Unpaid child support is a common example of a failure to comply with a court order. In most cases, a single missed payment is not likely to result in a finding of contempt, especially if the offending party makes arrangements to catch up the payments. A pattern of missed payments, however, is more likely to lead to a finding of contempt. In more serious cases, the court may even impose fines or jail time on habitual offenders.
Downers Grove Family Lawyers Protecting Your Rights
At Goostree Law Group, we recognize that repeated violations of a child custody order—including parenting time schedules—can make it difficult for the affected parent. For example, you may depend on your child's other parent to pick up your child on time so that you can get to work. If the other parent refuses to live up to his or her court-ordered obligations, it is up to you to notify the court and to take action. You may even consider seeking a modification to your existing parenting plan to limit your reliance on the other parent.
Our lawyers also understand that it can be easy to violate a court order without meaning to do so. If contempt of court proceedings have been initiated against you, we are equipped to help you protect your rights. Navigating the legal system can be intimidating, but you do not need to go through it alone. Our attorneys will help you understand your available options and will work with you in pursuit of a favorable outcome.
Call 630-364-4046 Today
If you have concerns related to post-divorce order enforcement or contempt of court matters, contact our office. Call 630-364-4046 to schedule a free, no-obligation consultation at Goostree Law Group today. Our lawyers represent clients in Wheaton, Aurora, Downers Grove, Lisle, DuPage County, and the surrounding areas.