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IL custody lawyerIn Illinois, parents who divorce must create a “parenting plan” that describes each parent’s rights and responsibilities. If the parents cannot reach an agreement about the provisions in the parenting plan, the court will hear arguments from both sides and then issue a parenting plan based on what the court thinks is in the child’s best interests. If your ex is not following your parenting plan, you may be frustrated and annoyed. You may wonder what you can do to make your spouse comply with the terms set forth in the plan.

Do the Other Parent’s Actions Constitute a Violation of the Parenting Plan?

Divorced couples who share custody of children have the unenviable responsibility of remaining in each other’s lives for the sake of their children. Your ex may forget about responsibilities, drop off children late, or make other mistakes that lead to unnecessary frustrations in your life. While this can certainly be annoying, not every mistake is considered a violation of the parenting plan. Recently, COVID-19 lockdowns have caused many parents to be unable to carry out some of the responsibilities contained in their parenting agreement. If a parent makes an honest mistake regarding the parenting time schedule or unintentionally disobeys the parenting plan, the best way to deal with the situation may be to talk with him or her about potential solutions. You may consider requesting a modification to your parenting plan and changing the plan so that works better for your unique situation.

Holding a Parent in Contempt of Court for Willful Noncompliance of a Parenting Plan

If your child’s other parent is intentionally disobeying the parenting plan, you may need to take more extreme legal action to correct the problem. Parenting plans are legally binding court orders. A parent may be held in contempt of court for violating a parenting plan. If you have already discussed the problem with your ex and he or she refuses to comply, you may need to file a motion for contempt or a "Parenting Time Abuse" petition. Make sure to keep a detailed record of all of your ex’s parenting plan violations as well as records of your communications with him or her. Evidence such as this will be a crucial component in building your case.

Contact a Kane County Child Custody Lawyer

If your child’s other parent is not following your parenting plan or you have other custody-related questions and concerns, contact a St. Charles family law attorney from Shaw Family Law, P.C. Call our office for a free consultation at 630-584-5550.

 

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IL divorce lawyerDivorce settlements often contain orders regarding property division, debt payment, the allocation of parental responsibilities, parenting time, child support, spousal support, and other matters. One concern many people getting a divorce have is whether their soon-to-be ex-spouse will actually comply with the terms contained in the divorce settlement or judgment. It is important to remember that court orders are not optional. If an individual deliberately refuses to follow a court order, including orders related to divorce, he or she can be charged with contempt of court.

Contempt Charges for Failing to Comply with a Property Division Order

When you get divorced, you will be expected to fulfill the obligations specified in your property division order. For example, you may be required to make mortgage payments, pay off a shared credit card, or submit certain property to your former spouse. If you purposely do not follow the directions in your property division order, you may be held in contempt of court. The possible penalties for contempt of court include steep fines and even jail time.

Nonpayment of Spousal Support or Child Support

If a divorce settlement includes an order for spousal maintenance, also called spousal support or alimony, the paying party is expected to make these payments in full and on time. This same is true for child support payments. If a paying party intentionally fails to make these payments, he or she can potentially be charged with contempt of court. However, if the paying party cannot make these payments because of a major change in circumstances, such as a job loss, he or she will most likely not face contempt charges. If you are a parent who is struggling to make child support or spousal maintenance payments, never simply stop payments. You may be able to obtain a modified order if the circumstances warrant it. Furthermore, it is very important that you follow directions regarding parental responsibilities and parenting time contained in your parenting plan. Deliberate failure to do so can also result in contempt charges.

Contact a Kane County Post-Divorce Enforcement Lawyer

The directions contained in a court order are mandatory. Failure to comply with these directions can result in serious consequences. If your former spouse is refusing to follow the orders contained in your divorce settlement or you want to request a post-divorce modification, we can help. Contact Shaw Family Law, P.C. at 630-584-5550 today and schedule a free consultation with a knowledgeable St. Charles family law attorney.

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Illinois family lawyerWhen the court enters an order, all parties named in the order are required to comply with its terms. Your divorce settlement likely included a few orders, such as a parenting plan, a property division order, a child support order, and a spousal maintenance order. Willfully refusing to comply with one or more of these orders is an act of contempt of court. It is important to note that in order for an action to be contempt of court, the offender must willfully, knowingly violate his or her court order. Failure to comply with a court order for reasons beyond the individual’s control is not contempt of court.

Any refusal to comply with a court order is contempt of court. Following a divorce, the following actions may be deemed contempt of court. Penalties for refusing to comply with a court order include fines, wage garnishment, and the suspension of your driver’s license.

Failing to Make Required Payments

If you are required to pay child support or spousal maintenance, you must pay the amount that your order requires you to pay when you are required to pay it. If you feel your former partner or your child’s lifestyle has changed to the point that your original support amount is no longer necessary, discuss the possibility of having your order modified with an experienced lawyer. This is also what you should do if you can no longer afford to make your required payments.

Failure to Comply with Your Parenting Plan

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