Enduring a divorce can be agonizing, but the seemingly never-ending trauma could be amplified when a spouse refuses to comply with the divorce decree. A divorce decree could include determinations about the division of marital property, spousal support, child support, and parenting time. Sometimes, as stipulated in the divorce decree, an ex-spouse’s main source of income is spousal maintenance. Non-compliance with upholding the financial agreement of the decree could be catastrophic for the contesting spouse and perhaps even lead to destitution. Noncompliance with parental responsibilities and parenting time detrminations could also be detrimental to the child. A divorce attorney can help enforce the court-binding decree through a contempt proceeding.
What is a Contempt Proceeding?
A divorce decree can be enforced through the court by a contempt proceeding. Wage garnishments for support noncompliance or probated jail sentences for denying parenting time are some of the penalties for being held in contempt. Probated jail sentences incentivize adherence to the decree as the suspended jail sentence threatens actual incarceration. The disputing party must substantiate the following four factors.
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Court Ordered Divorce Decree: In Illinois, there is no statute of limitations on enforcing a divorce decree. To proceed, the decree, which can be temporary or permanent, must be explicitly detailed. If the decree is ambiguous, the violation might be dismissed, and the judge could revise the decree's details.
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