The Consequences of Ignoring a Court Order

 Posted on February 12, 2026 in Family Law

When your divorce is finalized, the Court order or settlement agreement is not just a suggestion. Court orders are legally binding documents with real consequences for not following them. Whether an order is about child support payments, parenting time schedules, spousal maintenance, or property division, you must comply with every part.

Unfortunately, some people decide that following a Court order is optional. Maybe they think the Judge will never find out. Maybe they believe their reasons for not following the order are justified. Maybe they simply do not like what the Court decided and choose to ignore it.

Whatever the reason, ignoring a Court order in Illinois in 2026 can result in serious legal consequences. Family Courts take violations of their orders very seriously, especially when those violations harm children. If your ex-spouse is not following your divorce decree or parenting agreement, you have legal options to enforce compliance. You can explore your options with our Arlington Heights post-decree enforcement attorney.

What Is Contempt of Court in Illinois Family Law Cases?

Contempt of Court is a legal tool that Judges use to enforce their orders and maintain respect for the judicial system. When someone violates a Court order, a Judge can find that person in contempt and impose penalties.

Most people associate contempt of Court with someone yelling at a Judge or causing a disruption in the Courtroom. While Judges can hold people in contempt for that kind of behavior, that is called direct contempt. Direct contempt happens in the Judge's presence, and the Judge can impose immediate punishment without a hearing.

Family law cases almost always involve indirect contempt instead. Indirect contempt addresses conduct that happens outside the Courtroom. Someone who refuses to pay child support, denies the other parent their Court-ordered parenting time, or fails to refinance the house as required by the divorce decree commits indirect contempt.

Civil Contempt vs. Criminal Contempt

Illinois law recognizes two types of contempt that serve different purposes. Civil contempt is remedial, meaning its purpose is to force someone to comply with a Court order going forward. The goal is getting the person to do what they are supposed to do, not punishing them for past behavior. Civil contempt is by far the most common type used in family law cases.

Criminal contempt, on the other hand, punishes someone for past violations of a Court order. Criminal contempt proceedings are rare in family Court and typically involve more serious or repeated violations.

The key difference between civil and criminal contempt is that civil contempt allows the person to avoid jail by following the order. The saying goes that someone held in civil contempt "holds the keys to their own cell." Once they comply with the order, they can be released. Criminal contempt results in a fixed punishment that cannot be avoided by later compliance.

How Do You Ask a Court to Enforce a Court Order in Illinois?

If your ex is violating a Court order, you may need to take legal action to hold them accountable. Courts do not monitor compliance on their own. You need to bring the violation to the Judge's attention by filing the appropriate motion.

Filing a Petition for Rule to Show Cause

To request that a Court hold someone in contempt, you file a petition called a Rule to Show Cause. This petition tells the Court what order was violated, how it was violated, and when the violations occurred. You must be specific about the violations and provide evidence to support your claims.

For example, if your ex-spouse has not paid child support, you would attach payment records showing the missed payments and the amounts owed. If your ex-spouse repeatedly returned the children late from parenting time, you would document each instance with dates, times, and details about what happened.

The petition must then be served on the other party along with a notice of the Court date. This gives them an opportunity to respond and explain their side of the story. Everyone has a right to defend themselves before being held in contempt.

The Contempt Hearing

At the contempt hearing, you must prove that a valid Court order exists, that the other party knew about the order, that they had the ability to comply with it, and that they willfully failed to comply.

The burden of proof in civil contempt cases is lower than in criminal cases. You must prove the violation by a "preponderance of the evidence," which means it is more likely than not that the violation occurred. This is easier to prove than the beyond a reasonable doubt standard used in criminal contempt cases.

Defenses to Contempt

The accused person can defend against contempt allegations in several ways. They might argue that they did comply with the order, that they were unable to comply due to circumstances beyond their control, or that the order was unclear and they did not understand what was required.

What Are the Consequences of Violating a Court Order in Illinois?

When a Judge finds someone in contempt of Court for violating a family law order, several remedies are available.

Make-Up Parenting Time

If someone denied the other parent their Court-ordered parenting time, the Judge can order make-up time to compensate for the missed visits.

Payment of Attorney Fees and Costs

Judges routinely order the party who violated the order to pay the other party's attorney fees and Court costs under Section 508 of the Illinois Marriage and Dissolution of Marriage Act.

Wage Garnishment and Property Liens

For unpaid child support or spousal maintenance, the Court can order wage garnishment directly from the person's paycheck.If the person owns property, the Court can place a lien on that property to secure the debt.

Suspension of Licenses

Illinois can suspend driver's licenses, professional licenses, and recreational licenses for people who are significantly behind on child support payments.

Jail Time

As a last resort, Judges can order jail time for contempt of Court.

Contact a Palatine, IL Post-Decree Enforcement Lawyer Today

Court orders exist for a reason, and they must be followed regardless of someone’s personal feelings about them. If your ex is violating a Court order, you do not have to accept that behavior.

The Law Office of Nicholas W. Richardson, P.C. helps clients throughout Illinois enforce divorce and child custody Court orders and hold people accountable for violations. We understand how frustrating and harmful it can be when someone refuses to follow the rules, especially when children are affected. Call The Law Office of Nicholas W. Richardson, P.C. at 847.873.6741 to discuss your situation with our Arlington Heights family law attorney.

We offer free consultations.