Divorce lawyer Brian Grady will help you understand what happens when your ex doesn’t follow the settlement agreement. Divorce is common, and it happens for a variety of reasons. Regardless of why you ended up in this situation, you may find yourself wondering: What happens if my ex doesn’t follow the settlement agreement?
This question is most crucial when there are children involved and a parenting plan is made. The plan describes each parent’s rights and responsibilities. It includes things like plans for visitation, who has decision making power, and how parents are going to communicate about the ongoing needs of the children. Parents can agree to the terms in a parenting plan or a court will order a plan. However the plan came about, both parents are expected to follow it.
Unfortunately, sometimes one of the spouses fails to comply with his or her end of the agreement. There are steps you can take if your ex does not follow the settlement agreement.
Common ways an agreement can be violated
The following are some common ways that your former partner may violate their divorce decree:
- Failing to pay child support – Sometimes it is vindictive, sometimes it is accidental: whatever the reason, failure to pay child support is an issue that can put you in contempt of court.
- Not following the visitation schedule – There are cases where a parent may want additional time for special events or occasions and your order may not account for such issues. Other times, one partner may intentionally not follow the parenting agreement or even forbid their former partner from seeing the child.
- Failing to divide the assets – Although it can take time, your ex needs to hand over the amounts agreed upon as soon as possible.
- Delaying alimony payments – When there are no dependents one party may be given alimony. These payments may be relied upon for bills, which is why alimony payments need to be made on time.
If you believe your partner is violating the settlement or judgment, divorce lawyer Brian Grady will help. He will work with you to ensure the plan is enforced. Contact The Law Office of Brian Grady for a consultation at (630) 351-4466.
What can you do to enforce the settlement or judgment
Illinois State Law recognizes that there may be abuse of allocated parenting time or failure to comply with the agreement or judgment. In fact, the court has a procedure to enforce these. Parents can bring an action for the enforcement of a parenting time order if the other has failed to comply. If the judgment has been violated it is an issue of contempt of civil court.
In order to ensure your petition is filed properly, contact divorce lawyer Brian Grady. You need to follow certain parameters and provide evidence in order to make sure the court will take corrective action. Our experience will ensure your petition meets all the parameters and that the court takes the appropriate actions.
Penalties for violations in Illinois
Based on the evidence you provide, the court will make a determination on how to move forward. They may decide to:
- Add new terms and conditions to the parenting plan
- Require counseling or a parental education program
- Have you post a cash bond to ensure compliance
- Give additional parenting time and reimbursement for expenses (like attorneys fees and court costs)
- Hold you in contempt of court, which may result in fines, probation, driver’s license suspension, or imprisonment
If your ex isn’t following the divorce settlement or judgment, divorce lawyer Brian Grady is here to help
Divorce may seem final, however there are conditions in which continued interaction may be necessary. If you have children together, you’ll need to co-parent and follow your parenting plan. If you have a business together or have assets that need to be split up, you’ll have to interact to make that happen.
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It would be great if all that follow up went smoothly, but there may be times when your former partner does not honor the terms of the agreement or judgment. When that happens, you may be able to file a motion with the court to enforce it. You should consult with experienced divorce lawyer Brian Grady to ensure your legal action will elicit the results that you want and that you deserve.