After a divorce or separation, parents must follow the orders put in place in family court. These orders will address child related matters, including the allocation of parental responsibilities (legal custody) and parenting time (physical custody). They will also address child support to ensure that parents are meeting their children’s financial needs. In some cases, one parent may fail to follow the court’s orders, and the other parent may need to enforce these orders.
If you need to make sure your ex is following your child support or parenting judgment, it is important to understand your options for enforcement. With the help of a skilled family law attorney, you can act to protect your children’s best interests and resolve any issues related to violations of court orders.
Parental Allocation Judgment Enforcement
When it comes to enforcing a child related orders, there are several actions you can take:
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Filing a contempt motion: If your ex has a pattern of violating the terms of your parenting order, such as by denying parenting time or refusing to return your child to you after their scheduled parenting time, you may file a motion for contempt with the court. This motion notifies the court of the violations and asks them to address the issue. If your ex has attempted to interfere with your parenting time or refused to follow your parenting order, the court may put restrictions in place on their parenting time, or it may use other methods to enforce its orders.
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Contacting law enforcement: If immediate action is needed due to concerns about your child's safety or well-being while in the care of the other parent, you may need to reach out to your local police department to ensure that your child will be protected. However, keep in mind that law enforcement may not always be able to intervene in parenting disputes unless there is a clear violation of the law.
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Petition for modification: In some cases, you may be able to seek a modification of your existing child parenting order. The modified order may address violations by the other parent and include terms to ensure that they will meet their requirements.
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Mediation or alternative dispute resolution: It may be a good idea to negotiate with your ex to resolve parenting disputes before taking a case to court. The two of you may be able to work together with a neutral mediator to reach agreements on any issues related to your children.
Child Support Enforcement
If your ex has not paid child support as required, this may put you in a difficult financial position. Here are some steps you may be able to take to collect the amounts owed:
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Contempt of court: A motion for contempt notifies the court of a parent’s failure to pay child support and requests measures to collect the amount owed and ensure that ongoing payments will be made.
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Wage garnishment orders: The court may issue an order directing an employer to deduct child support payments directly from a parent's wages. This can ensure consistent and timely payment of child support.
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Seizing assets or tax refunds: In cases where large amounts of child support are owed, it may be possible to seize assets or intercept tax refunds owed to the non-paying parent.
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Lien placement: Another method of enforcing child support orders is by placing a lien on real estate or other property owned by a parent. This prevents them from selling or transferring ownership until they pay their child support debt.
Contact Our Wheaton Child Enforcement Lawyers
If you need to enforce your child support or parenting order, it is crucial to consult with a skilled and experienced lawyer who can advise you on the best steps to take to protect your rights and your children's best interests. The DuPage County child related enforcement attorneys at Mirabella, Kincaid, Frederick & Mirabella, LLC, will work with you to resolve these issues effectively. Contact our office at 630-665-7300 to set up a consultation. Our team is ready to provide you with the guidance and support you need as you address your family law issues.
Sources:
https://illinoisattorneygeneral.gov/Page-Attachments/child_support_awareness.pdf
https://www.ilga.gov/legislation/ilcs/documents/075000050K603.10.htm
