Can You Be Held in Contempt of Court in a Divorce Case?

 Posted on January 28, 2025 in Illinois Divorce

In family law cases, emotions often run high, and disputes between divorcing spouses or parents can arise even after a judge issues court orders. If one party fails to follow court orders or meet their legal obligations, the other party may ask the court to hold them in contempt. Understanding when contempt applies, how it is handled, and the potential consequences is crucial for anyone involved in a divorce or family law case.

At Weiler & Associates, Inc., our Illinois divorce attorneys have experience addressing contempt cases and other complex family law issues. We work to ensure our clients’ rights are protected and that court orders are enforced.

What Is Contempt of Court?

Contempt of court occurs when someone willfully disobeys a court order. In family law cases, this can include violations of temporary orders during a pending divorce or obligations in a final judgment. However, disagreements or misunderstandings do not automatically lead to contempt. The court will only find someone in contempt if they were aware of the court order and intentionally chose to violate it.

Examples of Contempt in Divorce and Family Law Cases

Contempt can apply in a variety of family law situations, including:

Property Division: If a spouse refuses to turn over assets awarded in a divorce, such as retirement funds or personal belongings, they may be held in contempt.

Parenting Time and Custody: A parent who consistently denies the other parent access to the children, interferes with communication, or refuses to follow a parenting time schedule may face contempt proceedings.

Child Support or Spousal Support: Failing to pay support as ordered by the court is one of the most common reasons for contempt. This can include missing payments, falling behind, or refusing to provide required financial information.

How Contempt Cases Are Handled

If one party believes the other violated a court order, they can file a "petition for rule to show cause." This petition outlines the alleged violations and requests a hearing. The court will then require the accused party to appear and explain why they should not be held in contempt.

At the hearing, both sides present evidence, such as financial records, text messages, or witness testimony. If the judge finds that a willful violation occurred, they may issue a contempt order and impose penalties.

Consequences of Contempt of Court in a Divorce Case

Penalties for contempt vary based on the circumstances. They may include:

• Fines or reimbursement of the other party’s legal fees.

• Suspension of a driver’s license.

• Loss of parenting time or stricter custody arrangements.

• Probation, wage garnishment, or even jail time in extreme cases.

These legal penalties can also lead to non-legal consequences, such as damage to a person’s reputation or employment.

Call a Kane County, IL Divorce Attorney For Contempt of Court Allegations

Whether you need to enforce a court order or defend against allegations of contempt, working with a skilled attorney is essential. At Weiler & Associates, Inc., we can guide you through the process, help gather evidence, and fight for your best interests. Call 630-331-9110 to schedule a consultation with a St. Charles, IL family lawyer now.