While many divorces can be complicated, some can be worsened by the nonparticipation or reluctance of one party. In some cases, only one-half of a couple wants to get divorced; the other wants things to remain as they are. If a spouse dislikes the proceedings or has a tendency to disobey authority in general, it can often be hard to force them to comply with any orders a court may decide on.
For example, when couples divorce they can sometimes be incapable of agreeing on anything, including how to split child custody. A court can issue a temporary restraining order (TRO) that designates which parent can stay in the home with the children and which must move out. This TRO is usually transitory until the final ruling is made.
However, if your spouse is disobeying this type of order, or decisions a judge made in the final divorce proceedings, there are actions you can take. If your ex is violating a court order by not paying child support, the Illinois Department of Healthcare and Family Services (HFS) Division of Child Support Services (DCSS) can help by tracking down your ex and taking legal measures. For example, this organization can seize his or her tax return to pay past due support. Likewise, they can seize his or her driver’s license, professional license, and passport until his or her payments are updated.
You could also file a petition for contempt of court if it’s something other than child support. If your ex is held in contempt by the court, his or her wages could be garnished as punishment or in recompense, and he or she could also earn jail time.
If you need help getting a reluctant spouse or ex to obey court orders, don’t hesitate to give us a call. Our skilled Illinois family law attorneys are experienced in helping families across the state deal with their legal problems. We understand this may be a tough time for you and your family. Our lawyers strive to make the legal process as stress-free and uncomplicated as possible. We are also exclusively dedicated to family law practice, meaning we don’t get bogged down in other legal practice areas. Let us see what we can do for you in a free telephone consultation.
Contact us by phone or fill out our online form to schedule a free case consultation today.