Chicago Contempt & Enforcement Attorney
Ensuring Court Orders Are Respected and Followed
A court order is not a suggestion; it is a legally binding mandate. Whether it is a decree for child support, a parenting time schedule, or a property division agreement, the terms of your court order are designed to provide stability and fairness for your family. When one party refuses to comply with these orders, it disrupts lives, causes financial hardship, and creates unnecessary emotional stress.
At The Elite Law Group, we believe that the legal system only works when its orders are enforced. We provide assertive, results-driven representation for clients in Contempt and Enforcement proceedings. Under the leadership of our founder, Schylon Lane, we are dedicated to holding non-compliant parties accountable and ensuring that you receive the support, time, and property you are legally owed.
Our mission is to deliver exceptional and reputable legal care, ensuring every client receives the highest quality representation at a fair price. We strive to make a difference in the lives of our clients through compassionate, personalized service, balanced with the aggressive advocacy needed to enforce the law.
Understanding Contempt of Court in Illinois
"Contempt of court" is the primary legal mechanism used to enforce family law orders in Cook County. It is a serious finding that declares a party has willfully disobeyed a court order.
There are generally two types of contempt in family law:
Civil Contempt: This is the most common form used in family law. Its purpose is "coercive," meaning it is designed to force the non-compliant parent to follow the order. The penalties (like jail time) can be avoided or ended if the person complies (e.g., by paying the past-due support).
Criminal Contempt: This is punitive and is used to punish a party for past behavior that disrespected the court's authority.
The "Rule to Show Cause"
The legal process begins by filing a Petition for Rule to Show Cause. This petition details how the other party has violated the order and asks the court to make them explain ("show cause") why they should not be held in contempt.
If the court finds the violation was "willful" and "without compelling cause or justification," the judge can impose significant penalties and, crucially, order the non-compliant party to pay your attorney's fees for having to bring the enforcement action.
Enforcing Child Support Orders
One of the most frequent enforcement issues we handle involves unpaid child support. Child support is the right of the child, and failing to pay it is a violation of the child's well-being.
When a parent falls behind on payments (arrears), The Elite Law Group utilizes every legal tool available to collect what is owed. We do not stop at just filing a motion; we pursue comprehensive remedies including:
Income Withholding Notices: We can issue orders to employers to deduct current support and arrears directly from the payor's wages.
Seizure of Assets: We can petition the court to freeze and seize bank accounts to satisfy the debt.
Tax Refund Intercepts: We can intercept state and federal tax refunds.
License Suspension: We can petition to suspend the non-paying parent's driver's license or professional license (e.g., medical, legal, or trade licenses).
Interest on Arrears: In Illinois, unpaid child support accrues statutory interest (currently 9%). We ensure this interest is calculated and added to the total judgment.
If you are the parent who has fallen behind due to a job loss or medical crisis, ignoring the problem will only make it worse. We can defend you in contempt proceedings and help you negotiate a payment plan or file a modification petition to prevent further arrears from accumulating.
Enforcing Parenting Time (Visitation)
Few things are more painful than being denied time with your child. Parenting time (formerly visitation) is a fundamental right. It is illegal for a co-parent to withhold visitation because of personal conflicts, unpaid child support, or minor disagreements.
If your co-parent is "gatekeeping," consistently arriving late, or refusing to follow the holiday schedule, The Elite Law Group can help you enforce your Allocation Judgment.
We can ask the court to provide remedies such as:
Make-Up Parenting Time: Awarding you extra time to compensate for what was lost.
Clarifying the Order: Modifying the parenting plan to be more specific, removing loopholes that the other parent is exploiting.
Civil Fines: Imposing fines for each violation.
Parenting Education: Ordering the non-compliant parent to attend co-parenting classes.
Our goal is to restore your relationship with your child and ensure the parenting schedule is respected moving forward.
Enforcing Property and Financial Settlements
A divorce decree often involves complex financial divisions that happen after the judgment is signed. This can include selling the marital home, dividing retirement accounts (QDROs), or transferring car titles.
When an ex-spouse drags their feet or refuses to sign the necessary paperwork, they are holding your financial future hostage. We assist clients in enforcing all aspects of the Marital Settlement Agreement, including:
Real Estate Sales: Forcing a non-cooperative spouse to sign listing agreements or accept a reasonable offer on the marital home.
Retirement Divisions: Compelling the cooperation needed to process Qualified Domestic Relations Orders (QDROs) for 401(k)s and pensions.
Maintenance (Alimony): collecting unpaid spousal support using the same rigorous methods used for child support.
Defending Against Contempt Allegations
Not every violation of a court order is "willful." Life happens. You may have lost your job and genuinely cannot pay the full support amount. You may have withheld parenting time because you had a legitimate, good-faith belief that the child was in immediate danger.
If you are facing a Petition for Rule to Show Cause, you need a skilled advocate to present your defense. Schylon Lane’s experience as a certified mediator and knowledgeable litigator gives her a unique perspective. She can help you demonstrate to the court that your actions were not an act of defiance, but a result of circumstances beyond your control, or that you acted in the child's best interest.
We work to resolve these disputes constructively, helping you avoid jail time and finding a path back to compliance.
We Pursue the Best Possible Outcome
We pride ourselves on advocating for our clients in a way that recognizes the need for tailored, forward-thinking solutions. We do not believe in "cookie-cutter" enforcement. We analyze the specific facts of your case to determine the most effective strategy—whether that is a negotiated settlement to get payments restarted quickly, or a full contempt hearing to impose penalties.
Exceptional and Reputable Care
Our mission is to deliver exceptional and reputable legal care. We are committed to equal access to justice, meaning we provide elite-level representation that is accessible to the families who need it most.
A Holistic Approach
We understand that enforcement issues are often symptoms of deeper problems. A failure to pay support might signal a need for a modification. A failure to follow the parenting schedule might require a new parenting plan. We look at the big picture to solve the root cause of the conflict, not just the immediate symptom.
Why Choose The Elite Law Group?
Enforcement cases can be highly contentious. You need an attorney who is not afraid to stand up for your rights and push for the penalties the law allows.
Schedule Your Consultation Today
A court order is only as good as its enforcement. If you are not receiving the support or parenting time you were awarded, or if you need to defend yourself against an enforcement action, do not wait.
The Elite Law Group is ready to be your dedicated partner in justice. Contact us today to schedule a confidential consultation with founder Schylon Lane. Let us provide the distinguished, innovative solutions you need to secure your rights and your future.