Lawyers Discuss Enforcement of Divorce Agreements in Chicago
When you enter into a divorce agreement with your ex-spouse, you do so in the good faith that both parties will honor that agreement. Unfortunately, this is not always the case. Oftentimes, one party will renege on a duty they signed an agreement to fulfill. There can be many reasons for this noncompliance.
In some cases, one party's financial situation or living conditions may have change to the point where they are unable to meet the requirements they agreed to. An example of this would be if one ex-spouse took a pay cut and couldn't make child support payments, or moved out of state and could no longer fulfill their custody duties. In other cases, one party may be refusing to follow an agreement out of spite, or because they are unhappy with the results of the divorce settlement. Either way, a divorce decree is a court order and both parties are bound to its terms.
If your ex-spouse isn't living up to your original divorce agreement, you need to consult an experienced divorce attorney. The Chicago legal team at Nottage and Ward, LLP has focused only on family law since 1988.
When you need representation in a divorce agreement, call our Chicago office at (312) 322-2915 for a consultation.
Your first and best option is a non-combative approach. If you or your ex-spouse has experienced a change in your living conditions or financial situation, some of the terms of your divorce agreement can be changed. Almost any part of a divorce agreement that relates to the children can be changed, as long as a good reason is provided. A skilled Chicago divorce lawyer can help you and your ex hammer out an agreement that works for everyone involved.
If you and your ex can't agree to changes of your divorce agreement, or if your ex refuses to negotiate, you can turn to the court for enforcement. The court can put pressure on your ex-spouse to meet the terms of the divorce decree they signed on to. The court can take such measures as seizing their tax returns, drivers' license, passport, and any professional licenses they may hold--until the situation gets settled.
You can also file a petition of contempt of court against your ex-spouse for not fulfilling the agreements of your divorce settlement. Contempt of court means that your ex is in violation of a court order. If the court finds your ex-spouse in contempt, they can take drastic steps to enforce compliance. In Illinois, these steps can include the garnishment of wages, and even jail time.
Everyone makes mistakes, especially in matters of love. If you find yourself in a situation where you or your ex is unable to fulfill the obligations of a divorce agreement, you need to contact a seasoned Chicago family law attorney.
The legal team at Nottage and Ward, LLP serves DuPage, McHenry, Lake, and Cook County residents, and we've done so since 1988. We have the knowledge, expertise, and experience to handle all divorce law needs.
Call (312) 322-2915 for a consultation.
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Leslie has been the strongest representation I could ask for
Leslie has been the strongest representation I could ask for in a very complicated, emotional matter. She has continuously looked out for my best interest and the best interest of my son. She is always prompt in getting back to me and in keeping me well informed about my case.
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