Could I Be Held in Contempt for a Divorce-Related Issue?

 Posted on November 05, 2024 in Divorce

In an ideal world, divorcing spouses would be able to resolve all their disagreements and follow any orders handed down by an Illinois family court judge. Unfortunately, we do not live in an ideal world. One spouse may sometimes refuse to cooperate with an order or could even directly disobey an order, requiring enforcement of the judgment.

For example, one spouse may have been ordered to pay spousal support but refuses to do so because he or she feels the ruling was unfair. A judge’s orders could be permissive or prohibitive. A permissive order grants either party permission to engage in a specific conduct. During the distribution of assets portion of the divorce, the court could give one spouse permission to sell a specific vehicle and split the proceeds with the other spouse.

In the same situation, a prohibitive order could prohibit one spouse from concealing or transferring the vehicle to keep the other from taking possession of the vehicle. When a judge’s orders are ignored or deliberately violated, the judge could hold the person who violates the order in contempt of court. When you have an experienced Naperville, IL family law attorney from Calabrese Associates, P.C. as your advocate, a contempt of court ruling can often be avoided.

What Are the Most Common Reasons for a Contempt of Court Order in Family Court?

A judge may find one spouse in contempt of court during the divorce proceedings or after the divorce is final. Reasons for a contempt of court order during the divorce include:

• Disruptive behavior in court, including repeatedly interrupting or shouting over others.
• Failure to disclose financial information in a transparent, timely manner.
• Failure to comply with discovery requests, including intentionally withholding information that could make a difference in divorce outcomes.
• Parental alienation, which occurs when one parent undermines the relationship between the other parent and the couple’s child or children.  

Contempt of court citations could be issued after the divorce for such things as:

• Failure to pay child support
• Failure to pay spousal support
• Failure to follow parenting time agreements
• Failure to follow the parenting plan
• Failure to adhere to the asset division portion of the divorce

Basically, any type of non-conformity with the terms of a court order can be enforced through contempt of court proceedings. Contempt of court actions specify an action that must be taken and a time frame within which the party is given to complete that action. Failing to follow or disobey a court order does not automatically result in contempt of court hearing and order. The party seeking the contempt of court finding must present enough facts at the hearing to demonstrate that the behavior of the violating party warrants a contempt of court ruling.  

Illinois Penalties for Contempt of Court

The most common penalty for contempt of court finding - aside from forcing the violator to do whatever they have refused to do - is to make the violator pay all attorney fees for both parties. In some cases, the violator may even face jail time and fines. For example, if one parent refuses to allow the other parent to see the couple’s child despite repeated orders, the judge could threaten the refusing parent with jail time and could even send him or her to jail.

Contact a DuPage County, IL Enforcement of Judgment Lawyer

When you choose a knowledgeable Naperville, IL enforcement of judgment lawyer, you can rest easy knowing your attorney can help you navigate the issues surrounding a contempt of court citation. Michael J. Calabrese lectures on family law issues and is a former chair of the DuPage County Bar Association Family Law Committee. Contact Calabrese Associates, P.C. at 630-393-3111 to schedule an appointment with an experienced attorney.