In the realm of family law, court orders play a crucial role in resolving disputes and establishing guidelines for matters such as child custody, visitation, support payments, and property division. These court orders are legally binding and must be followed by all parties involved. However, what happens if someone does not follow a family court order in Illinois? The consequences can be significant, ranging from legal penalties and financial repercussions to potential damage to your credibility and future custody rights.
In this article, we will explore the potential outcomes of not adhering to a family court order.
IF YOU DO NOT FOLLOW A FAMILY COURT ORDER IN ILLINOIS THERE WILL BE CONCEQUENCES
There are many legal concequences if you do not follow a family court order in Illinois. These concequences include, but are not limited to:
- Contempt of Court
- Loss of Custody or Visitation Rights
- Financial Repercussions
- Modification of Orders
If an order of protection is violated, there can be criminal concequences as well.
Contempt of Court
If you do not follow a family court order in Illinois, then you can be held in contempt of court. There are two types of contempt in the court of law. There is civil contempt and criminal contempt. You can be found to have committed contempt of court in many ways, usually by ignoring instructions from the court and/or disrespecting the judge.
When one party willfully fails to comply with a court order, the other party can file a motion for contempt. Sometimes a judge may charge a party with contempt during the trial for misbehavior, or if evidence shows the party ignored court orders. This is up to the judge’s discretion. If found guilty, the non-compliant party may face penalties, including:
- Fines
- Community Service
- Imprisonment
- Stricter Court Orders
The severity of the consequences will depend on the jurisdiction and the specific circumstances surrounding the violation. It’s essential to understand that the court takes compliance with its orders seriously and expects parties to uphold their obligations.
Loss of Custody or Visitation Rights
Persistent non-compliance with a family court order, particularly those relating to custody or visitation, can jeopardize your rights as a parent. If a party consistently does not follow a family court order in Illinois, disregards or interferes with the other parent’s visitation rights, or fails to comply with custody arrangements, the court may deem them unfit or unwilling to act in the child’s best interest.
In such cases, the court may grant an order of protection, or opt to modify the custody arrangement granting the other parent primary custody. Courts can even terminate the non-compliant parent’s custody rights altogether. Non-compliance can significantly impact the parent-child relationship and have long-lasting consequences both in court and in your relationships.
Compliance with court orders is very important. If you have more questions about family law then check out Family Law vs Divorce in Illinois.
Financial Repercussions
Failure to adhere to financial obligations outlined in a family court order, such as child support or spousal support payments, can lead to severe financial repercussions. The court has the authority to enforce compliance of orders in a number of ways including:
- Garnishing Wages
- Seizing Assets
- Imposing Liens
- Charging with Contempt
Additionally, unpaid support can accrue interest and penalties, further exacerbating the financial burden. If you do not follow a family court order in Illinois, then you can also damage your credit score, lose of certain professional licenses, and impede future financial stability. It’s essential to prioritize meeting your financial obligations as outlined in the court order to avoid these potentially devastating consequences.
Meeting with a qualified attorney in your area, like the attorneys at Koth Gregory & Nieminski, can help you to prevent these problems before they arise. Keep reading to hear how a good family law attorney can help you avoid these issues. Also check out How Much Does A Family Law Attorney Cost In Illinois to learn more about how attorneys do pricing.
Modification of Orders
Once an order is submitted the findings are not always final. Motions can be made to modify orders when the situation calls for it. When a family court order is consistently violated or ignored, the affected party can seek a modification of the original order. If it can be demonstrated that the non-compliance is in the best interest of the children or due to a substantial change in circumstances, the court may alter the existing order.
The modified order may impose stricter terms, reduce visitation rights, or even change custody arrangements of either party.
However, it’s crucial to note that seeking a modification requires compelling evidence and a strong case to convince the court that a change is necessary. A judge might not allow a modification to be made until a certain amount of time has passed, or until significant changes in circumstances force modifications to be made. Sometimes the income of either parent can change drastically. Then, an edit can be made to child/spousal support payments so the children involved get the best level of care available. Sometimes courts will appoint attorneys for the children in a case to ensure they get fair representation from a neutral third party. To learn more check out How To Get A Court-Appointed Attorney For Family Law.
A good Family Law attorney, like those at KGN, can help you modify these agreements. They can also help you draft orders properly from the beginning, making the court orders you have to follow better for you and therefore easier to follow.
Conclusion: What Happens If You Do Not Follow a Family Court Order In Illinois?
Failing to follow a family court order can have serious implications. From being held in contempt of court and facing legal penalties to potential modification of the existing order, loss of custody or visitation rights, and financial repercussions, the consequences are far-reaching. It’s crucial to understand that family court orders are not suggestions but legally binding obligations that must be upheld. If you find yourself in a situation where compliance becomes difficult or unworkable, it is advisable to seek legal assistance and explore proper avenues for modification. By adhering to family court orders, you not only ensure your own compliance with the law but also promote the best interests and well-being of your family.
MEET WITH AN ILLINOIS FAMILY LAW ATTORNEY TODAY
The Family Law attorneys at Koth Gregory & Nieminski understand that your family is the top priority, which is why we offer SAME-DAY APPOINTMENTS. If you need a divorce or other family law services, you can schedule your first meeting through our online appointment calendar. We look forward to meeting you.
Disclaimer: This article (What Happens If You Do Not Follow a Family Court Order In Illinois?) may contain information that is outdated as Illinois law continuously evolves. Meeting with an experienced family law attorney is the best way to ensure you are receiving the most current information about What Happens If You Do Not Follow a Family Court Order In Illinois?
Published by Dustin Koth on January 15, 2024
