"My ex isn't complying with the provisions of our Divorce
Decree concerning child and spousal support. What are my options?"
You should request immediate compliance
and, if necessary, contact your attorney to begin legal enforcement proceedings. If you
are an Illinois resident and you have an order of support or a Judgment for Dissolution of
Marriage that provides for the payment of child support, maintenance, or both, then you
have substantial enforcement rights under the law.
It's a good idea to keep accurate records
of all support payments as they are received, and keep a record of all late or missed
payments of support. These records will be useful in your legal proceeding to enforce the
payments, collect past due payments, or both.
If your ex-spouse is late or misses a
payment, promptly notify the person in a reasonable manner. You should initiate a
courteous telephone call to your ex with a gentle reminder that the payment is due, and
then follow it up with a written request for payment. These simple actions will let your
ex know that you are keeping track of the payments, and your efforts will show a Judge in
the future that you have done your part to assert your rights and seek compliance.
If your ex-spouse continues to fail to
make required payments, or is in arrears for past due payments, contact an attorney to
begin the legal procedures necessary to invoke the enforcement powers of the court. You
may contact the attorney who handled your divorce case (or another domestic relations
attorney of your choice) to initiate an enforcement proceeding, or contact the Illinois
State's Attorneys office for advice or possible legal representation. Your remedies may
include enforcement against the property of the ex-spouse as well as enforcement against
your ex directly through contempt proceedings. A successful contempt proceeding may
conclude with the imprisonment of your ex-spouse for contempt of court.
The specifics of these and other remedies
should be discussed with a qualified Illinois Family Law Attorney.
Steven D. Gerage, J.D.,
practices family law including divorce, financial, and child custody litigation. He also
devotes his practice to negotiating and drafting premarital, postnuptial, and marital
settlement agreements.
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