Post-Judgment Enforcement in Illinois

 Posted on July 22, 2016 in Divorce

So you have gone through the long and arduous divorce process, custody has been figured out, property has been divided, so now it will be smooth sailing, right? Not necessarily. Sometimes, even after all the paperwork is finalized and a court order is in place you may need assistance to enforce the order. There are a few different circumstances where you may need the assistance of skilled post-judgment enforcement attorneys to make sure that your court order is followed.

Willful Violations

One thing that may make post-judgment enforcement necessary is a willful violation by one party. A willful violation is when one party knows exactly what they are supposed to do according to the court order, but he or she does not comply with that order. Willful violations of a court order can come with warnings, fines, or even jail time. If you suspect the other party is willfully violating a court order you will need to gather evidence and prove this to the court. However, you do not need to prove the violation was willful in order to get the court to step in and enforce the order by requiring compliance of the other party.

No Fault Violations

Something may happen that may make complying with the order impossible for one party. If the other party tries to enforce that part of the judgment in court, it is the responsibility of the person who has not been complying with the order to prove to the court that something made it impossible for them. Remember that just because one person violates part of the order, it does not give the other person permission to ignore the rest of the order. This often comes up with child support and visitation. Just because someone does not pay child support does not mean that visitation with the child can be suspended.

Vague Terms

Sometimes the order itself may be unclear and parties may read it differently. Even after the 30-day period for appeals close, parties can ask the judge to clarify specific terms so that both parties can be on the same page.

Post-Judgment Enforcement Process

The first step in enforcing a judgment is to file a Petition for Rule to Show Cause that lays out the alleged violations of the order. This needs to be accompanied by a Notice of Motion, which includes information about when and where the hearing in front of a judge will be.

DuPage County Post-Judgment Enforcement Attorneys

If you have a court order that needs clarification, or if the other person is not complying with the order, you should contact a knowledgeable post-judgment enforcement attorney to help you figure out what your next steps should be. Our skilled DuPage County post-judgment enforcement attorneys at Davi Law Group, LLC can assist you with enforcing your court order.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2100&ChapterID=59&SeqStart=500000&SeqEnd=4200000