What to Know About Divorce Decrees and Contempt Proceedings in DuPage County

 Posted on January 16, 2023 in Divorce

Most people are aware of just how grueling and emotionally turbulent getting a divorce can be. The emotional turbulence of divorce is often exacerbated when a spouse refuses to obey the divorce decree. Divorce decrees often map out how many issues will be handled once the divorce is finalized, including the division of marital property, spousal maintenance, child support, and parenting time. If a spouse is not complying with the financial agreements made in the decree, this could prove to be detrimental to the other spouse.

Furthermore, if a spouse decides not to comply with parental responsibilities and parenting time, this can be harmful to the child's well-being. In any event, if your ex-spouse is not living up to their side of the divorce decree, contact an experienced divorce attorney who can help you get started with enforcing the divorce decree. 

Enforcing a Divorce Decree When The Other Spouse Does Not Comply

Divorce decrees are legally binding, which means that if either of the spouses refuses to comply, the decree can be enforced through various methods. For example, the court may issue wage garnishment or property liens against an ex who is not paying child support.

In some cases, enforcement may include a contempt proceeding. A probated prison sentence may be levied upon a spouse not complying with the terms of the divorce decree. Probated jail sentences are often effective in ensuring spouses adhere to the decree since the probated jail sentence can result in actual jail time. To enforce child support, spousal support, or another element of the divorce decree, the disputing party must demonstrate four factors, including: 

• Court-ordered divorce decree – Illinois courts cannot enforce handshake agreements between ex-spouses. To enforce payment of support, parenting time schedules, or another divorce issue, the matter must be included in the actual divorce decree.

• Violation – The disputing spouse needs to prove multiple violations occurred for a judge to enforce the decree. A judge may not hold a spouse in contempt if only a minor infraction has occurred, such as a single late support payment. 

• Conscious and able – Because each spouse signs or is there when a judge issues the decree, they are thereby aware of the agreement. 

It is also crucial for the spouse attempting to begin contempt proceedings against the non-compliant spouse to have evidence ready to demonstrate their spouse is being non-compliant. Evidence may include journal entries detailing their spouse's refusal to abide by the decree, texts, emails, and financial records showing the spouse was non-compliant. 

Contact a DuPage County Divorce Lawyer

Divorce is stressful enough without having to deal with a non-compliant spouse. If you want to enforce your divorce decree, contact the Pesce Law Group P.C., where our family attorneys have years of experience enforcing divorce decrees through contempt proceedings and other means. Contact a Naperville divorce attorney at 630-230-8985 for a free consultation.

Sources: 

https://www2.illinois.gov/hfs/ChildSupport/About/AdvisoryCommittee/Pages/FAQs.aspx

https://www.ilga.gov/legislation/ilcs/documents/075000050K505.htm