My Ex Is Not Holding Up His End of Our Settlement. Now What?

 Posted on October 22, 2024 in Divorce

When a couple gets divorced, they end their proceedings with a settlement that details exactly what is expected of each spouse. It outlines their parenting plan, spousal maintenance payments, division of property, and every other aspect of how their lives will proceed once the marriage is over. When one ex stops holding up their end of the deal, it can be extremely distressing for the other. 

A recent case of a local man being held in contempt and jailed for two years for not paying his ex what he was ordered to pay in the divorce has highlighted just how serious the implications can be. If your ex is failing to comply with the terms of your divorce settlement, contact a knowledgeable DuPage County, IL family law attorney to review your options for enforcement.

How Can I Stop My Ex from Violating Our Divorce Orders?

Several issues need to be addressed during divorce proceedings before the process can be legally finalized. Certain aspects like child support, spousal maintenance, and division of property can be crucial, particularly if one spouse does not have independent means and depends on these agreed-upon sums to maintain their lifestyle and provide for their child. When the other spouse fails to fulfill what they have committed to do, it can be very stressful for the other. Fortunately, there is an orderly process in place to handle this type of situation.

Determining Whether This Is Intentional Non-compliance or a Misunderstanding

You need to understand whether your ex is violating your divorce agreement knowingly or not. If your ex has suffered a significant decline in his or her health or employment or has experienced some other big change, there are ways to work toward a solution. However, it is your ex’s responsibility to inform you of these changes so a remedy can be found.

If your ex is willfully violating your agreement, there are several possible steps to be taken to enforce it, including:

• Contempt proceedings: If the court agrees with you, it can find your ex in contempt, which could result in fines and even imprisonment.

• Order modification: The court could modify your existing divorce order to enforce your ex’s compliance or address issues that arose from non-compliance, for example by awarding you even more visitation or spousal maintenance.

• Enforcement actions: You can seek legal actions, such as wage garnishment or the seizure of property. 

Schedule a Free Consultation with a DuPage County, IL Divorce Lawyer

If your ex is not upholding his or her side of your divorce agreement, a qualified Wheaton, IL family law attorney can review your case and advise you on how to proceed. You depend on the arrangements in your agreement, and you do not need to deal with this distressing situation on your own. At Davi Law Group, we will fight aggressively to protect your rights and get you what you deserve. Call us at 630-657-5052 to schedule a free consultation.