What Can I Do if My Ex Does Not Follow Our Illinois Divorce Decree?

 Posted on May 13, 2025 in Divorce

A court-ordered divorce decree can include judgments about property division, spousal support, allocation of parental responsibilities, and child support. When an ex-spouse does not follow the obligations laid out in the divorce decree, you may need legal assistance in the form of an enforcement of the judgment. If you are struggling with an uncooperative ex, you do not have to face the challenge alone – a Naperville, IL enforcement of judgments attorney can help.

Steps You Can Take if Your Ex-Spouse Does Not Follow the Divorce Decree

When your ex-spouse does not fulfill their post-divorce obligations, you have to take action to ensure that your needs are met. Consider some steps you can take before filing a motion for the court to enforce the decree:

• Violation determination: Keep records of exactly which elements of the divorce decree your ex has failed to uphold. For example, have they skipped alimony payments or ignored the parenting plan?

• Evidence documentation: Written communication or records of your finances can be useful to show the court that your ex is violating the decree. The burden of proof will belong to you, which is why having supportive evidence is crucial.

• Legal representation: Before you take the claim to court, hiring counsel ensures you have someone with legal knowledge to look over the evidence you collected and offer advice rooted in experience.

• Motion for contempt: Your attorney will help you file a motion for contempt of court, which will indicate that your ex has not complied with the decree. This is the appropriate response when someone does not adhere to a court order.

Section 502(e) of the Illinois Marriage and Dissolution of Marriage Act states that the terms of your decree are enforceable by contempt. Your ex will have the opportunity to respond to the motion, and the judge may give them a chance to take immediate action and correct their mistakes. Sometimes, they will provide a specific timeframe for doing so.

Contact an Experienced Naperville, IL Enforcement of Judgments Attorney Today

Enforcing a judgment post-divorce can be a contentious process. Sometimes, it is not enough just to talk to your ex about upholding responsibilities and adhering to a court order. The experienced DuPage County, IL divorce lawyer at Calabrese Associates, P.C. has worked with families through every possible legal situation and can help you understand your rights. Call 630-393-3111 to schedule an initial consultation to discuss the best approach for reaching a fair solution.