Most likely, the court will issue an Indirect Civil Contempt violation. However, if your former spouse cannot give an acceptable reason for his or her actions, the court can hold your ex in contempt. Sometimes, just this step can help clear any misunderstanding and lead to a resolution. This petition requires your ex-spouse to explain to a court why he or she broke the terms of your divorce. If your ex-spouse is willfully disobeying any divorce terms or will not communicate with you, file a Petition for Rule to Show Cause. Sometimes, learning what mitigating factors might exist can lead to a resolution without court intervention. There are many reasons a spouse may not be able to make child support payments on time. It is essential to try to communicate with your ex-spouse and learn if there was a reason that he or she failed to follow your divorce terms. If your ex-spouse violates the terms of your divorce, you can file for contempt proceedings. A spouse’s willful neglect to make child or spousal support payments, failure to comply with a parenting time order, and the refusal by one spouse to give specific assets to the other as stated in the divorce decree are all examples of violations. In general, when someone violates a court order, he or she is held in contempt of court.
Enforcing an Illinois Divorce - Contempt Proceedings There is no one-size-fits-all punishment for violating the terms of a divorce. Since there are many aspects to a divorce, there are different ways a spouse can violate a court order and each violation can carry different consequences. If your spouse does not abide by the agreement settled on during mediation or by a judge’s ruling, it is vital to work with a divorce attorney to clarify and resolve this conflict. A divorce decree is legally binding and neither spouse is allowed to violate its terms.