What is a Contempt Proceeding After Divorce in Illinois?

 Posted on April 17, 2025 in Enforcing Agreements

Once a court finalizes a divorce, the resulting settlement is an enforceable legal document. This means that the terms of the divorce agreement can be enforced under Illinois law. Violations of a divorce settlement, such as child visitation, property division, and alimony, are taken seriously by the court, so you have legal remedies if your ex-spouse breaks the agreement. 

Van Larson Law, P.C., can assist you if your ex-spouse has violated your divorce agreement. Our Illinois divorce attorney has nearly 40 years of experience resolving many complex divorce cases involving enforcing agreements, child custody, child support, property division, etc. 

What Happens if One Spouse Fails to Obey the Divorce Decree?

Sometimes, people refuse to pay child support, spousal maintenance, or follow the parenting plan for child visitation. If this happens, there are several options. The first step is usually a conversation; finding out why someone is out of compliance with a divorce decree and whether they can make changes may be all that is needed.

In more serious cases, however, a decree may need to be modified or a person may be held in contempt of court for repeated, willful violations of the terms of a divorce decree. An Illinois divorce attorney can help you follow legal steps to enforce your ex-partner’s compliance with the divorce settlement. 

What is a Contempt Proceeding? 

If your ex is not following the divorce agreement, the court can order them to do so in a contempt proceeding. The following factors are involved in whether the judge decides to initiate enforcement action, and need to be included in a document called a Petition for Rule to Show Cause: 

• An Illinois divorce decree: A divorce decree must clearly define the terms of the issue at hand, such as child support payments or parenting time arrangements. If the decree contains vague language, the judge could dismiss the case and revise the document to clarify it. 

• Violation of the divorce decree: You must prove that your ex-spouse violated the agreement. For instance, you could show with bank statements that your ex did not pay alimony or child support for several months, as the divorce decree requires. 

• Willing violation: Both parties should know the details of the divorce because they must sign it when the judge grants it. However, if one party was not in compliance because they truly did not understand the divorce decree, they may be able to be in compliance moving forward without any penalty.

Once these factors have been met, the Petition for Rule to Show Cause must be served on the noncompliant party and the contempt hearing can be scheduled. In the hearing, both parties will make an argument that they are in the right. The person claiming that their ex is in violation of a court order has the burden of proof, and evidence is needed to support this claim. 

If the judge believes that one party is in violation of a court order, they can impose various penalties. Fines and wage garnishment are common, as is requiring the violating party to pay the other party’s attorney’s fees. In rare cases, a judge may order a jail sentence.

Contact a Batavia, IL Divorce Attorney Today

The judge finalized your divorce, and you thought it was behind you, but your ex-spouse is not holding up their end of the agreement. Frustrating as it is, you have legal options to enforce the divorce decree. At Van Larson Law, P.C., our Kane County, IL divorce lawyer can assist you with ensuring that your ex fulfills the divorce agreement terms. Call our law office at 630-879-9090 to schedule a free consultation.