Enforcing Divorce and Custody Agreements
Batavia Family Law Attorney Helping Clients Enforce Divorce Agreements
When the court enters a judgment of divorce, the accompanying divorce settlement becomes a legal document. As such, the terms of the agreement are enforceable under provisions in the law. While some divorce agreements have relatively few provisions that could be violated, others have substantially more, and violations of a divorce agreement are taken very seriously by the court.
At the Law Office of Van A. Larson, P.C., located in Batavia, Illinois, we understand the challenges you may face when your ex-spouse refuses to meet his or her obligations. Attorney Van A. Larson can help you take the necessary steps to remedy the situation and move forward with your life.
Divorce and Custody Arrangement Enforcement
A divorce settlement generally includes arrangements for a number of issues related to the dissolution of the couple’s marriage. Considerations often include:
- Child Custody and Visitation: A joint parenting plan, custody order or visitation schedule may be part of the divorce agreement to arrange for care of the couple’s children;
- Child Support: Calculated in accordance with Illinois law, an order for child support may also be included;
- Spousal Maintenance: Sometimes known as alimony, spousal support is also calculated in accordance statutory guidelines, if deemed necessary; and
- Property and Debt Division: Following the Illinois equitable distribution laws, settlements regarding marital assets and debts are usually incorporated into a divorce agreement.
Most divorce settlements designate each party’s responsibilities regarding the included concerns, and failure to comply on the part of either spouse may result in legal action. Violations of a divorce agreement or other ordered arrangement are generally addressed by filing a petition for contempt for violating a court order. By filing such a petition in cases such as child support or spousal maintenance, the court may compel the violating party to meet his or her obligations by garnishing wages, license suspension, and other collection activities.
Likewise, a contempt petition can allow the court to take action against a spouse for violating a custody arrangement. Such action can include punitive custody changes, posting of a bond, financial damages, and criminal charges.
Enforcement of a divorce agreement related to debt division can be a little more difficult in many cases. Creditors often refuse to recognize a decree of divorce if both spouses jointly acquired the debt. A party’s only option may be pursuing a judgment against his or her ex-spouse for failure to meet financial obligations set forth in the agreement.
Enforcement of Divorce Agreements in Kane, Kendall, DeKalb and DuPage Counties
With over 39 years of family law experience, Mr. Larson has worked with hundreds of clients looking for help with enforcing their divorce agreements. He is committed to providing your case with the personal attention you deserve. Pursuing legal action against your former spouse is never easy, but Mr. Larson is prepared to work with you to ensure your rights under law are protected.
Get Help from a Professional Family Law Attorney
If you have questions or would like more information about enforcing your divorce agreement or any other arrangement related to your divorce, contact us today. At the Law Office of Van A. Larson, P.C., we know how difficult such a situation can be and are prepared to offer the representation you need. Call (630) 897-9090 to schedule your free consultation and put our skilled team to work for you.