Chicago Contempt & Enforcement Lawyer
In a divorce case, the judge may make many decisions. These become court orders that the parties have to abide by. You can’t just disobey these orders and do what you want. These orders are legally binding, so you need to follow them.
However, not every violation means that there is contempt at play. It is possible that the party accidentally did not follow the agreement. After all, parenting agreements, allocation judgments, and marital settlement agreements are extremely detailed documents. Because there is so much involved, it’s actually very easy for someone to inadvertently violate the order. Inadvertent violations are typically easily resolved without court intervention once the other party is made aware of the issue.
However, when a judgment or marital settlement agreement is violated on purpose, it is a whole other story. It is called contempt of court. If you are held in contempt of court, it could come with penalties. However, these penalties may not be enforced on their own. You may need to get help with enforcement through aggressive legal representation.
If the other party is not abiding by child support, custody, property division, or alimony orders, you need to take legal action. A Chicago contempt & enforcement lawyer from Birnbaum Gelfman Sharma & Arnoux, LLC can help with enforcement.
Contempt and Enforcement Proceedings
When one party is not complying with court orders, such as the following, they can move forward with contempt proceedings:
- Child support enforcement
- Alimony maintenance
- Child custody and visitation enforcement
- Property division enforcement
So if your ex-spouse refuses to make child support payments, is not complying with a parenting schedule, or will not give up property in accordance with the agreement, you need to take legal action. Work with a lawyer to understand the details of petitioning the court for an enforcement order. The court has the power to enforce various forms of punishment, such as jail time, fines, and the turnover of bond money. The court can also force the party to pay the other party’s attorneys fees.
Keep in mind that contempt of court could be something as simple as keeping your children from going to the other parents’ home. This may or may not be contempt, depending on the situation. For example, during the COVID-19 pandemic, you may not have wanted your child to go to the other parent’s home if they had been exposed to the virus. However, if you are trying to deliberately keep your child away from the other parent for no good reason, then it could qualify as contempt.
Contact Birnbaum Gelfman Sharma & Arnoux, LLC Today
When a person receives a court order in a family law case, they need to abide by it. If not, they can face contempt of court, which may come with harsh penalties.
The team at Birnbaum Gelfman Sharma & Arnoux, LLC can help with enforcement of court orders. Contact a Chicago contempt and enforcement lawyer today. Schedule a consultation by calling (312) 863-2800 or filling out the online form.