Avoiding Charges of Contempt of Court After an Illinois Divorce | Lombard Divorce Attorneys
Button 1 Button 2 Button 3 Button 4 Button 5 Button 6
Mevorah & Giglio Law Offices
630-932-9100
Menu
DuPage County Attorneys

LOMBARD

900 E. Roosevelt Road, Lombard, IL 60148

Phone: 630-932-9100

BLOOMINGDALE

134 N. Bloomingdale Road, Bloomingdale, IL 60108

Phone: 630-529-4761

CHICAGO

105 W. Madison Street, Suite 2200, Chicago, IL 60602

Phone: 630-932-9100

NAPERVILLE

1730 Park Street, Suite 202, Naperville, IL 60563

Phone: 630-420-1000

ST. CHARLES

555 S Randall Rd, Suite 101, St. Charles, IL 60174

Phone: 630-410-9176

Avoiding Charges of Contempt of Court After an Illinois Divorce

Posted on in Family Law
  • Font size: Larger Smaller
  • Print

Lombard divorce attorneysOne of the most important things that divorcing couples should know is that the terms of a divorce resolution are legally binding. This means that violating them can have substantial legal consequences, in some cases including charges of contempt of court. If you believe that you may be facing such charges, an attorney can help you avoid them or defend against them.

What Happens When a Person is Charged With Contempt of Court?

Typically, contempt of court charges come about after one of the parties to the divorce files a petition for enforcement of the divorce order against the other party. This may happen after a person fails to pay court-ordered spousal maintenance or child support, or a party violates the terms of the allocation of parenting time or parental responsibilities.

A person who is found to be in contempt of court may be subject to a variety of penalties, including:

  • Fines
  • Probation
  • Periodic imprisonment for up to six months
  • Driver’s license suspension
  • Conditions or restrictions on parenting time
  • An order to compensate the other party financially for delinquent payments, attorney fees, and court costs

How to Avoid Being Charged With Contempt

In many cases, the easiest way to avoid being charged with contempt of court is to simply follow the terms of your divorce decree. However, doing so can be difficult depending on the circumstances. For example, if you have lost your job or a major source of income since your divorce, you may struggle to make child or spousal support payments in the ordered amount. A change in your work schedule might also make it challenging to follow your original parenting time schedule.

In such cases, you should try to be proactive in order to avoid violating the court order. You may be able to talk to your former spouse about your difficulties and work out a temporary solution, or even an agreement on a permanent modification that you can file with the court for approval. If you are not on good terms with your spouse, you can also petition the court individually for a modification.

Even if your former spouse has already started enforcement proceedings, you will typically have the opportunity to rectify the situation before facing more serious penalties. An attorney may be able to help you negotiate a resolution to avoid a trial. Alternatively, if you believe that you were wrongfully accused of a violation and your former spouse is adamant about taking action against you, an attorney can help you present evidence and testimony to contest a charge of contempt.

Contact a DuPage County Divorce Attorney

At Mevorah & Giglio Law Offices, we know that legal challenges often continue after the divorce is finalized. Whether you need a modification to your divorce order or representation in an enforcement dispute, we can help you protect your best interests. For a free initial consultation on your case, contact a Lombard family law attorney at 630-932-9100.

 

Sources:

https://www.ilga.gov/legislation/ilcs/documents/075000050K505.htm

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000

https://www.ilga.gov/legislation/ilcs/documents/075000050k510.htm

Latest Blog Posts

Archives

  • DuPage County Divorce Lawyers
  • Elite Lawyer
  • National Association of Distinguished Counsel
  • Top 40 Under 40
  • 2015 Top 40 Lawyers Under 40
  • Super Lawyers
  • Better Business Bureau

Let us start helping you with a FREE initial consultation.

NOTE: Fields with a * indicate a required field.
*
*
*

One Stop For All Your Legal Needs

Whether you are going through a divorce, injured in an accident, need to file a workers' compensation claim, charged with a crime, immigrating to the United States, or need to file for bankruptcy, Mevorah & Giglio Law Offices can help. Our trial lawyers have over 40 years of experience helping clients throughout Northern Illinois from five offices in Lombard, Bloomindale, Naperville, St. Charles, and Chicago.

Steven Mevorah has assembled experienced attorneys under one roof so that his clients need not search for a new attorney each time they need help. Mr. Mevorah has also established a wide network of additional attorneys so that his clients merely need to stop by Mevorah & Giglio Law Offices to find the attorney they need.

Client Focused Representation

Our practice is focused on meeting your needs with flexible hours and locations to serve you:

  • Free initial consultations
  • Saturday and evening appointments available
  • Home and hospital visits if your injuries prevent you from traveling
  • Multiple locations throughout Chicagoland
  • Veteran trial attorneys
  • Experienced negotiators
  • Payment plans available
  • Cash, check, or credit card accepted