Consequences of Violating a Divorce Court Order

 Posted on March 12, 2025 in Divorce

As part of a final divorce decree, a judge may impose several court orders. These typically include provisions for child custody, spousal support, child support, and other critical issues. A court order is legally binding, and if violated, it could come with serious penalties. If you are looking to enforce a court order, an Illinois family law attorney can advocate for you to see that the judgment is upheld.

At Ann O’Connell Law, Ltd., we provide our clients with supportive, hands-on representation with difficult family law issues. When you work with our firm, you will receive an assertive advocate who will fight to hold your former spouse accountable for violating a court order.

Contempt of Court

Violations of some court orders may result in the offender being held in contempt of court. This means that the judge can impose penalties like fines or jail time for undermining the court’s authority. For example, if your spouse routinely fails to pay child support, he or she could be placed on probation or sentenced to jail with work release.

Contempt of court in civil cases like divorce is treated differently from contempt in criminal cases. Generally, civil contempt of court is intended to get the offender to comply with an order rather than a strict punishment. A judge only needs a "preponderance of evidence" instead of beyond reasonable doubt, so the standard of proof for a violation is lower.

Enforcement of Terms

In many cases, a judge will force someone who violates a court order to obey its terms. If the terms of a child custody order are violated, the judge has a high degree of flexibility in how he or she chooses to enforce the terms. The judge can call for extra parenting time to make up for lost days that one parent was entitled to or modify the existing custody order as long as it would serve the child’s best interests.

At Ann O’Connell Law, Ltd., we can represent you in hearings for enforcement of a court order. Our divorce attorney can even petition for your former spouse to cover certain legal fees.

Financial Compensation

When a court order involves direct financial support, such as alimony or child support, the court can compel your spouse to pay you what you are owed. If your spouse is delinquent on spousal support payments, for instance, the late payments can be garnished from his or her payments.

If your spouse violates a court order for property division, he or she could also be forced to turn over certain assets to make you whole. At Ann O’Connell Law, Ltd., we will fight for a fair remedy on your behalf, pushing for an appropriate, timely solution.

Meet With a Cook County, IL Family Law Attorney

Has your former spouse failed to honor a court order? At Ann O’Connell Law, Ltd., our Rolling Meadows, IL divorce lawyer is ready to represent your best interests in court, arguing for enforcement of the terms of your divorce. Call us at 847-859-6222 today for a free initial consultation.