Kane County Post Divorce Enforcement and Contempt of Court Attorneys

Post Divorce Enforcement and Contempt of Court Lawyers Serving St. Charles, Aurora, and Batavia

Divorce orders, whether they relate to child support, visitation, 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 just reason. If the other party was not aware of the order, accidentally violated the conditions of the order, or had a good reason for the violation, that party would 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. If one parent refuses to turn over a child for a scheduled visitation without a valid reason, however, 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 alimony, the offending party may be allowed to pay the amount that is in arrears (as well as the other party’s attorney fees) without additional consequence. 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. 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.

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. We represent clients throughout Kane County and the surrounding areas of Northern Illinois.