Palos Hills, IL asked in Family Law for Illinois

Q: Divorced partner refuses to give employment information and abide by court mandates what can i do?

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2 Lawyer Answers
Andrew John Hawes
Andrew John Hawes
Answered
  • Niles, IL
  • Licensed in Illinois

A: Bring a "petition for rule to show cause." In this, you demand that your ex come into court and explain why they are not complying with court order. You have to serve this upon your ex. If the judge is not convinced with their explanation, they can issue a rule and hold your ex in contempt of court. Once in contempt, the judge can put your ex in jail. Odds are your ex will start complying after a night to think it over in jail.

J. Richard Kulerski
J. Richard Kulerski
Answered
  • Oak Brook Terrace, IL
  • Licensed in Illinois

A: You must file a Petition for Rule to Show Cause why your ex should not be held in contempt of court for failing to provide you with the court ordered information.

Be sure you document your demand for compliance.

If you are a support recipient, you might also file for an increase based upon your reasonable belief that your ex is now earning more. It is reasonable to assume that the refusal to show proof of earnings is because they are now earning more than they did at the time of the order.

In IL, you will be awarded attorneys fees if the court finds his or her refusal to comply is without legal justification.

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