When a family court issues an order, it expects compliance from all parties involved. Unfortunately, not everyone adheres to these orders, leading to frustration and complications. Whether it’s child support, custody arrangements, or spousal maintenance, enforcing a family court order in Illinois is crucial to ensuring justice and stability for those affected.
Family court orders in Illinois cover various aspects, including child custody, visitation rights, child support, spousal maintenance, and property division. These orders are legally binding and aim to protect the rights and responsibilities of each party involved. When a party fails to comply, it disrupts the intended balance and can cause significant stress and hardship.
If you find yourself in a situation where the other party is not complying with a family court order, Illinois law provides several avenues to enforce the order.
1. Documentation – First and foremost, keep detailed records of the non-compliance. This includes missed payments, denied visitation, or any other breaches of the court order. Your meticulous documentation is a powerful tool when presenting your case to the court, giving you a sense of control in a challenging situation.
2. File a Petition for Rule to Show Cause – In Illinois, you can file a Petition for Rule to Show Cause. This petition asks the court to hold the non-compliant party in contempt of court. According to 750 ILCS 5/511, the court will issue a summons for the other party to appear and explain why they have not complied with the order.
3. Court Hearing – During the court hearing, both parties will present their evidence. The judge will carefully consider the facts and determine if the non-compliant party is in contempt. This process, while it may seem daunting, is designed to ensure fairness and justice. If found in contempt, the court can impose various penalties, including fines, jail time, or modification of the original order.
4. Wage Garnishment – For child support or spousal maintenance issues, Illinois law allows for wage garnishment. This means the owed amount can be directly deducted from the non-compliant party’s paycheck. According to 750 ILCS 28/35, the Illinois Department of Healthcare and Family Services can facilitate this process.
5. Property Liens – If the non-compliant party owns the property, a lien can be placed on their property for unpaid child support or spousal maintenance. This legal claim ensures that the owed amount is paid when the property is sold.
6. Suspension of Licenses – Illinois law also allows for the suspension of various licenses, including driver’s licenses, professional licenses, and recreational licenses, if child support is not paid. According to 750 ILCS 16/50, the court can notify the licensing agency to suspend the non-compliant party’s licenses until payments are made.
Document all missed payments and file a Petition for Rule to Show Cause. The court can enforce the order through wage garnishment, property liens, or license suspensions.
No, child support and visitation rights are separate issues. Denying visitation can result in you being held in contempt of court. It’s best to address non-payment through legal channels.
The time frame varies depending on the case’s complexity and the court’s schedule. Filing a Petition for a Rule to Show Cause is the first step, and the process can take several weeks to months.
Penalties include attorney fees, jail time, wage garnishment, property liens, and suspension of licenses. The court aims to compel compliance and ensure the affected party receives what is owed.
Yes, if there has been a significant change in circumstances, you can file a petition to modify the order. The court will review the case and decide based on the best interests of all parties involved.
If you are struggling to enforce a family court order in Illinois, call Gordon & Perlut, LLC. We are committed to helping you uphold your rights and ensure compliance with court orders. Our experienced family law attorneys understand the complexities of Illinois family law and are here to guide you every step of the way, providing you with the support you need during this difficult time.
Contact our Illinois enforcing family court order attorneys at either our Chicago office at 312-360-0250 or our Skokie office at 847-329-0101 to arrange a consultation. Let us help you enforce your family court order and bring stability back into your life.