What is a Motion for Enforcement, and When Do You Need One?

 Posted on February 26, 2025 in Family Law

You may have made it through your divorce relatively unscathed and are looking forward to starting a new chapter in your life. After all, there are now court orders in place governing parental responsibilities, parenting time, child support, spousal support, and the division of marital assets and debts. But what happens if your ex-spouse refuses to comply with one or more of these court orders?

While the added stress this will cause you is a given, do you have any recourse? You do have options for an ex-spouse who is willfully ignoring court orders. You can ask the court for a motion for enforcement through your Geneva, IL family law attorney. This means asking the court to review the violation or violations, enforce the order, and potentially impose penalties for noncompliance.

When Could a Motion for Enforcement Become Necessary?

When your child’s other parent refuses to follow the parenting time schedule, perhaps even actively preventing you from seeing your children, a motion for enforcement could be necessary. Being late dropping off the child once, or even two or three times, is rarely reason enough to file a motion for enforcement.

The court will expect you to first discuss the situation with your ex-spouse and try to figure out a solution on your own before coming back to court. Failing to fulfill financial obligations as set forth by the court is also a common cause for seeking a motion for enforcement.

A parent who consistently misses child support or spousal support payments and is making no effort to catch up may need a nudge from the court to take the matter seriously. Just because a person is not happy with the amount of child support or spousal support he or she has been ordered to pay does not mean those payments can be ignored.

Property division issues can also require a motion for enforcement. Perhaps your ex was ordered by the court to sell the marital home and split the proceeds with you. You feel like no real effort is being made to put the home up for sale as months and months go by. When you attempt to discuss the matter with your spouse, all you get is, "I’m getting it ready to sell."

If your attempts to move the process along have been ignored, you may need a motion for enforcement to get the house sold. For some couples, one spouse may have been ordered to turn over certain marital assets yet is refusing to do so. This would also warrant a motion for enforcement.

When Should You File a Motion for Enforcement?

Motions for Enforcement are usually reserved for repeated, intentional violations. An ex who consistently disregards court orders despite repeated reminders and discussions about the issue may have no intention of abiding by the rules set forth by the judge. If you have made good faith efforts to communicate the seriousness of the issue, yet nothing has changed, legal action may be required.

The process of a motion for enforcement requires evidence of the violations and a hearing where both sides will have the opportunity to present his or her side of the matter. The court will evaluate the evidence and determine whether your ex violated the original court order. If the court finds such a violation, it may order your ex to immediately comply.

In some cases, fines or wage garnishment for unpaid child support or spousal support could be ordered. If your ex is ignoring parental responsibility or parenting time orders, the court could modify those orders, giving him or her less time with the child. If the court believes the violations are willful, additional penalties – including jail time – could be ordered.

Contact a Kane County, IL Divorce Lawyer

Since filing a motion for enforcement can be complex, having a highly skilled Geneva, IL divorce attorney from Serrano Hanson & Hurtado, LLC as your legal advocate can be beneficial. Our client-focused firm is ready to help you get through this legal issue with the best possible outcome. Call 630-844-8781 to schedule a meeting with one of our attorneys. Everyone at our firm is fluent in Spanish.