What Happens if One Spouse Does Not Follow a Divorce Decree?

 Posted on August 15,2024 in Legal Questions

Perhaps the most obvious reason people get divorced is to get space from their ex. Whether it is because spouses disagree on parenting, finance, or the role of monogamy within a marriage, divorce offers the prospect of not having to deal with a difficult spouse day in and day out.

Or does it? What happens when a couple has finalized their divorce, but one spouse refuses to follow the terms of the divorce decree? Many elements of the divorce decree have the potential to impact people’s lives for many years to come, and especially when minor children are involved, violations of a divorce decree cannot simply be ignored. Fortunately, divorce orders are legally binding, and there are options for bringing a rogue party into compliance.

If this situation sounds familiar to you, learn more about the options you may have by calling a DuPage County, IL divorce decree enforcement lawyer today.

How Does Divorce Decree Enforcement Work in Illinois? 

Divorce decrees are legally binding, which means that as far as the divorced spouses are concerned, the divorce decree is the law. The exact solution for a spouse who does not follow the divorce decree will depend on which part of the decree the spouse is not following. Generally speaking, legal action to try to make a spouse follow a divorce decree needs to be brought in the same court that heard the divorce. Having an attorney in your corner is the best, fastest way to solve non-compliance issues. Here are some of the most common post-divorce issues that we see.

What Should I Do If My Spouse Is Not Paying Child Support? 

Not getting the child support payment you expected can be a scary situation. You need that money to make sure your child has the life they deserve, and without it, you may find yourself unable to make necessary payments and purchases. If your spouse is not paying child support, it is crucial to act quickly to enforce the court order. Consider the following options: 

• Ask Your Spouse What is Going On: If possible, try to discuss the missed payments with your spouse. There may be a reason for the non-payment, such as a job loss or financial difficulties. Sometimes, open communication can lead to a solution without further action.

• Document Missed Payments: Write down all the missed payments, including the dates and amounts. This documentation is important if you need to take legal action to enforce the child support order.

• Contact DHFS: The Illinois Department of Healthcare and Family Services (DHFS) has various tools at its disposal, such as wage garnishment, intercepting tax refunds, or suspending your spouse’s driver’s license.

• Get Legal Advice: If DHFS is unable to resolve the issue or if you prefer to handle the matter through your attorney, meet with a lawyer. They can often help you resolve the issue more quickly through the courts.

• File a Contempt Motion: Your attorney may recommend filing a motion for contempt of court. This motion asks the court to enforce the child support order and hold your spouse accountable. Penalties for contempt can include fines, wage garnishment, or even jail time.

• Other Enforcement Options: Other enforcement measures include placing liens on your spouse’s property, reporting the debt to credit bureaus, or intercepting lottery winnings.

What Should I Do if My Ex Stops Paying Alimony? 

If your ex stops paying alimony, it is important to act quickly so that your financial rights are protected. Here are some things you should consider: 

• Review the Court Order: Make sure you understand the terms of the divorce order, including how much and how long payments will be.

• Talk to Your Ex: If possible, try to work with your ex about the missed payments. There may be a legitimate reason, such as a job loss or change. A respectful conversation might fix the issue without further action.

• Document Missed Payments: Keep a record of all missed payments, including dates and amounts.

• Meet With Your Attorney: If your ex does not restart payments or if talking to them is not possible, talk to your attorney. In the base case scenario, work with the same attorney who helped you get divorced so they are already familiar with your case.

• File a Contempt Motion: If your ex continues not to pay alimony payments, your attorney may file a motion for contempt with the court. This asks the court to enforce the original alimony order and penalize your ex for not making payments. Penalties can include fines, wage garnishment, or even jail time in severe cases.

• Wage Garnishment: In some cases, you may be able to get a wage garnishment order from the court. This would allow alimony payments to be taken directly from your ex's paycheck and sent to you.

Keep in mind that there are certain situations in which someone is allowed to stop paying alimony. If the party receiving alimony gets remarried, enters into a live-in relationship, or the court-ordered alimony time period runs out, alimony payments may end.

What Should I Do if My Ex Does Not Follow the Parenting Plan?

If your ex does not follow the parenting plan and it causes disruptions to your and your children’s lives, it is important to take steps to address the situation. If you have already talked to your ex and he or she is not able to work with you to find a solution, here is what you can do:

• Document Violations: Keep records of each time your ex does not follow the parenting plan. Include dates, times, and the specific ways in which the plan was not followed.

• Mediation: A neutral third party can help facilitate talks between you and your ex to reach an agreement on how to follow the parenting plan more effectively.

• Talk to a Lawyer: If the violations continue, consult with your attorney. They may suggest starting by simply sending a formal letter to your ex reminding them of their legal obligations under the parenting plan.

• File a Motion with the Court: If the situation does not improve, you may need to file a motion to ask the court to make your ex follow the parenting plan. The court can order your ex to comply with the plan and punish them if they do not. Potential consequences include fines, makeup parenting time, or even changes to custody arrangements.

• Consider Modifying the Parenting Plan: If your or your ex’s situation has changed or the current plan is no longer practical, you can ask the court to change the parenting plan to something that works better for everyone.

Throughout this process, focus on what is best for your children and try to fight with your ex as little as possible. Legal actions should be a last resort, but they are necessary when one parent consistently does not follow the parenting plan.

What Should I Do If I Disagree With My Divorce Decree? 

Divorce can be very heated and it is very common for people to be unhappy with the final divorce decree. Most of the time, this is just the result of negotiations over difficult subjects and the best thing to do is focus on moving forward with your life. In certain situations, however, you may want to take action. It is important to note that even if you feel you are totally justified in disagreeing with your divorce decree, you must follow the terms of the decree until it is modified, or you could find yourself facing serious consequences.

If you decide you want to appeal your divorce decree, it is important to act quickly since you only have 30 days after your divorce decree is issued to challenge the court’s decision. Start by reviewing the decree with your lawyer to understand what you think is wrong or unfair and whether there are genuine mistakes in the way the judge applied the law.

If there are small mistakes, like incorrect numbers or wrong information, your lawyer can ask the court to fix them. But if you believe the judge made a bad decision based on the law, you might need to file an appeal. An appeal asks a higher court to review the original judge’s decision to see if there were legal mistakes. This process does not involve a new trial; it focuses on whether the judge in your case made errors that affected the outcome of the divorce. Appeals are fairly rare and only succeed in cases where there were errors of fact or the judge applied the law incorrectly.

When Can Divorce Decrees Be Appealed? 

Here are some examples of situations that may justify an appeal: 

• Misapplication of the Law: For example, if the court used an incorrect standard to determine child custody or division of assets, this could be grounds for appeal.

• Procedural Errors: If there were major mistakes in the way the case was handled, such as improper admission or exclusion of evidence, failure to follow legal procedures, or not allowing a party to present their case fully, these could justify an appeal.

• Incorrect Valuation of Assets: If the court made errors in valuing assets, such as underestimating the value of a family business, this could lead to an unfair division of property.

• Lack of Due Process: If one party was denied a fair hearing, such as not being properly notified of court proceedings or not having the chance to present evidence or arguments, this could be a reason to appeal the decree.

• New Evidence: In rare cases, if new evidence emerges that could significantly change the outcome of the case and was not available during the original trial, an appeal might be warranted. This might happen in a case where one spouse hid money and the other spouse found out later.

• Judicial Bias or Misconduct: If there is evidence that the judge was biased or engaged in misconduct during the case, this could be grounds for a successful appeal.

• Errors in Child Support or Alimony Calculations: If the court made mistakes in calculating child support or alimony, such as using incorrect income figures or failing to consider relevant factors, an appeal could be successful.

Modifications are generally easier to obtain than appeals but are only granted under specific conditions. Ultimately, acting quickly and seeking professional legal advice is crucial to effectively challenge or modify your divorce decree, ensuring that your interests and rights are properly protected.

Call Our Elmhurst, IL Post-Divorce Enforcement Attorneys Today

If you need help bringing your ex into compliance or you are hoping to appeal the terms of your divorce, get the help of the court on your side by contacting the DuPage County, IL divorce decree enforcement lawyers with Weiss-Kunz & Oliver, LLC now. We have experience with even the most complex post-divorce enforcement issues and we will handle the legal issues so you can focus on what really matters. Call us at 312-605-4041 today.