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When Will a Judge Use Contempt of Court to Enforce a Divorce Decree?
A divorce decree can only function if both parties agree to abide by the terms. When one former spouse repeatedly and willfully violates the agreement, the other spouse may have no choice but to petition the court for enforcement. If you have decided to move forward with enforcement proceedings, consider working with a Kane County, IL family law attorney for assistance.
At Shaw Sanders, P.C., we have represented many clients in high-conflict cases. We give sound legal advice while working toward efficient resolutions. Our firm has proven litigation experience, so you can trust us to stand firmly at your side in court as we argue for the enforcement of your divorce decree.
What Is Contempt of Court?
In family law cases, contempt of court is a mechanism used to enforce a court order, penalizing the offending party to get him or her to comply. Generally, contempt of court is not used as a first resort for divorce decree violations. In many cases, contempt of court is used after other methods of enforcement prove ineffective, often after many intentional violations.
Divorce decree violations are usually considered "indirect" contempt of court, as opposed to direct contempt of court, which happens in front of a judge. If you believe that your spouse has willfully violated your divorce decree, be sure to document each instance so that you can show a pattern to the court.
When Is Contempt of Court Necessary in Family Law Cases?
Oftentimes, contempt of court is used to enforce an order related to child custody, child support, or alimony. In the context of child custody, contempt of court may be necessary when a parent refuses to honor a parenting plan by ignoring the schedule for visits. In cases involving court-ordered support, contempt proceedings can force the payor to meet his or her financial obligations.
Anyone found in violation of a court order may be given a grace period called a "purge" to comply with the order. This could involve catching up on late payments or allowing the other parent to make up for lost time with his or her child, depending on the violation.
What Do I Need to Prove at a Contempt Hearing?
If you want the court to enforce a custody order, the burden is on you to prove that he or she disobeyed the court order. Typically, you must be able to show that there has been a recurring pattern of violations, rather than an isolated incident. Your ex will also be able to speak in his or her own defense at the hearing.
Then it is up to a judge to decide whether your ex’s disobedience rises to the level of contempt. If your former spouse is held in contempt of court, the judge can impose fines and jail time (750 ILCS 5/607.5). Our attorneys can help you present your case to the court to hold your ex accountable.
Contact a Kane County, IL Family Law Attorney
Enforcing a divorce decree can be a trying task. At Shaw Sanders, P.C., we can provide you with aggressive representation to help put a stop to willful violations. To schedule your free initial consultation with our firm, call our offices at 630-584-5550 or contact our St. Charles, IL divorce lawyers online.
630-584-5550