Can You Be Found in Contempt of Court for Failure to Comply with the Divorce Decree? 

 Posted on October 13, 2026 in Divorce

A divorce decree is a court order. This means that it can be enforced by the court. Failure to follow through on child support, spousal maintenance, the parenting plan, and payment of debts can result in being held in contempt of court.

Contempt can lead to fines, jail time, and an order to pay your spouse's legal fees. A Kane County, IL post-divorce enforcement lawyer can explain the risks of ignoring court orders in 2026 and what to do if your ex-spouse is not complying with theirs.

What Does Contempt of Court Mean in an Illinois Divorce?

"Contempt of court" means that someone has either been disrespectful in actual court proceedings or has refused to follow the terms of a court order. In a divorce, contempt of court is most often used to get someone to obey the terms of their court order.

The process generally starts when one spouse files a petition for a "rule to show cause." This means the other spouse must appear in court and explain why they shouldn't be held in contempt of court for their actions.

Contempt generally requires that the violation was on purpose. If a spouse didn't follow the order for reasons outside their control, a judge will likely decide contempt isn't appropriate.

Can You Be Held in Contempt for Not Paying Child Support or Maintenance in Illinois?

Missing spousal or child support payments is one of the most common reasons for a contempt petition. Child support in particular is considered one of the most important financial obligations a person can have by the law. Under 750 ILCS 5/505(b), a parent who fails to pay court-ordered child support can be held in contempt. Failure to pay spousal maintenance can also result in contempt.

After a contempt finding, the court may:

• Place the parent on probation.
• Sentence the parent to periodic imprisonment for up to six months, with release allowed for work.
• Suspend the parent's driver's license if they're 90 days or more behind on child support, subject to additional legal requirements.
• Require a self-employed parent to file monthly financial statements or report on their job search.

Serious measures like imprisonment require a proper legal basis, including proof of willful noncompliance. A history of repeated violations is not always necessary. A judge may consider job applications, medical records, and other proof that the missed payments weren't intentional before making a decision.

When Can You Be Held in Contempt for Violating an Illinois Parenting Plan?

Parents are expected to honor the terms of their court-ordered parenting plan. Situations where a court may order contempt for violating a parenting plan include:

• Keeping a child past agreed-upon time limits
• Skipping your scheduled parenting time
• Refusing to let the other parent see the child

Under 750 ILCS 5/607.5, a judge who finds a parent didn't follow the schedule may order makeup parenting time or parenting classes. The judge may also require counseling, a cash bond, or a civil fine. If the court also finds the parent in contempt for abusing parenting time, additional penalties may include suspension of driving privileges, probation, or periodic imprisonment for up to six months.

Unless there's good cause, the parent who violated the schedule usually has to pay the other parent's attorney's fees.

Can You Be Held in Contempt for Ignoring the Property Division in Your Divorce Decree?

Property and debt terms can also be enforced through the court, although contempt depends on the order and the circumstances. Violations may include skipping a mortgage payment you were ordered to cover or not paying a joint credit card assigned to you. Refusing to sign over a car title or deed, or damaging property awarded to your former spouse, may also qualify.

Not every failure to pay an assigned debt will support contempt. The court needs to consider whether the order was violated willfully and whether another method of enforcement is appropriate.

Property terms are treated differently from support in one important way. Child support and parenting terms can be modified if circumstances change. Property division generally can't be modified after a divorce decree is finalized. If you were ordered to transfer an asset or pay a debt, you are obligated to do it even if your income changes.

What Should You Do if You Can't Comply With Your Divorce Decree?

If you can't follow the terms of your divorce decree, contact your lawyer for help as soon as possible. Don't simply stop paying support or ignore other terms without notifying the court. Until a judge signs a new order, the old one stays in effect.

If possible, such as in parenting or spousal support matters, ask the court to modify your order. A substantial change in circumstances, such as a major drop in income, may justify changing child support or maintenance when modification is allowed.

Changing parenting time alone requires a change in circumstances that makes the modification necessary for the child's best interests. Modification deadlines and filing rules can be strict, so talk to a lawyer before you file. Keep records of what has changed since your divorce decree and any attempts you've made to keep up with it.

If your former spouse is ignoring your decree, keep a written record of missed payments, problems with parenting time, or unpaid debts. These records can support a petition to enforce the order.

Call a St. Charles, IL Divorce Lawyer Today

Whether you're facing contempt of court or need court enforcement to get your ex to comply with their court order, our Kane County, IL family law attorneys can help. We'll review your order with you and guide you through the next steps.

Our main attorney is a trained mediator with significant family law experience. We focus on resolving disputes out of court when possible, but we're prepared to litigate aggressively when a case requires it.

Call Shaw Sanders, P.C. at 630-584-5550 to schedule your free consultation.