The property settlement is often one of the most hotly contested aspects of a divorce case due to the financial stakes at play. Giving up a substantial portion of one’s wealth is not easy for some divorcing spouses to accept. Most spouses find a way to make peace with this part of ending their marriage, but others go to great lengths to avoid complying with the court’s orders or executing the negotiated agreement. Unfortunately, this choice can leave the other spouse in precarious financial straits, so it is important to understand the legal options for enforcing a divorce settlement.
An extreme example of tactics to avoid paying a property settlement is playing out in the divorce case of a former Board of Trade head who spent the holidays in jail for his refusal to pay his ex-wife the $18 million settlement she is owed. While most spouses do not have the means to transfer assets out of the U.S. and live abroad to avoid paying a divorce settlement, the mechanisms to force compliance are the same in all cases, and a spouse who violates the terms of a divorce settlement can face serious repercussions.
Petition to Show Cause
When a divorce settlement is entered into court records upon the finalization of the divorce process, it becomes a court order that both spouses are required to follow. A spouse who violates a court order can face serious civil and/or criminal consequences....
The divorce is finalized and child support, and custody orders are in place. Your ex has always been sporadic about making child support payments — some are on time, others are late. Yet the late payments are double what is required in order to make up for the missing payments. However, months have passed since you have received a check, and your ex will not return your calls.
What can be done to enforce payment, and what are the potential ramifications for your ex-spouse?
Illinois Child Support Enforcement...