We are open for business and offering phone and video consultations during business hours.

Free Initial Consultations

Phone630-580-6373
With offices in Naperville, Joliet, Wheaton, Plainfield & Chicago
Livas Law Group

How Are Divorce Orders Enforced in Illinois?

 Posted on January 22, 2025 in Divorce

IL divorce lawyerIf you have made it through your divorce to the final divorce decree and settlement orders, you may be feeling relief that the ordeal is over and a new chapter in your life can begin. Divorce agreements are meant to provide clear rules for spousal support, the division of assets and debts, and the allocation of parental responsibilities and parenting time.

A parenting plan that is even more detailed is also included. You assume everything from here on out will be smooth sailing, only to find out it is nothing of the sort. What happens when one spouse refuses to follow court orders? Perhaps your spouse is not paying child support or spousal support as ordered or refuses to bring the children back on time as agreed in the parenting plan.

Maybe he or she was ordered to sell the marital home and split the proceeds, yet nothing is happening in that area. What should you do? The better question may be, what can you do, legally, to force your ex to abide by court rules? This is a situation that will definitely benefit from having a knowledgeable Wheaton, IL family law attorney as your advocate.  

How Can Court Orders in Illinois Be Enforced?

Of course, you should follow the advice of your family law attorney when your spouse refuses to follow court orders, but there are also things you can do to help your attorney prove your case in court. These things include:

Document Every Time Your Spouse Violates a Court Order

Keep a record of every violation – when it occurred, whether you spoke to your spouse about it, and his or her response, if you did. Missed payments, being chronically late to pick up or drop off the children, being denied visitation dates, and every email, text, phone message, or social media post that pertains to the issue. If your spouse was supposed to pay a credit card or sell an asset, document every time you asked about it and whether he or she has made any attempt to do so.

The Next Step is to File a Petition for Enforcement

If you have gone above and beyond to talk to your spouse about the court orders he or she is not abiding by and nothing has changed – and you have carefully documented everything – then it may be time to take the next step. Your attorney will file a Petition for Enforcement on your behalf that asks the court to enforce the order. This Petition may also include schedule adjustments for parenting issues or a demand for payment.

Request a Contempt of Court Hearing

If the Petition for Enforcement yielded no positive results, and if the violation or violations are willful and ongoing, you can request that your ex be held in contempt of court. When a person is held in contempt of court, he or she will usually face fines and even wage garnishment or asset seizure, along with stern admonitions from the judge. In extreme cases, the offender can even serve jail time if it is clear to the judge that he or she has no intention of following the judge’s orders. In some situations, the offender can have his or her driver’s license suspended.

During a contempt of court hearing, you will be required to show that a court order was in place and that your ex willfully and repeatedly ignored that order. Your ex will be given an opportunity to speak before the court and offer any reasons why he or she ignored court orders. The court will determine whether the violations were deliberate and willful or were due to circumstances beyond the person’s control.  

Contact a DuPage County, IL Divorce Lawyer

Violations of court orders can cause significant stress and anxiety. If you are facing any type of post-divorce dispute, the best step you can take is to speak to a Wheaton, IL divorce attorney from Davi Law Group. Our firm is ready to be the strong advocate you need right now. Call 630-657-5052 to schedule a free consultation.

Share this post:
Back to Top