Enforcing a Divorce Decree When an Ex Refuses to Comply

 Posted on September 25, 2026 in Family Law

People often assume that once their divorce is finalized, they are done with the divorce process and can move forward. Unfortunately, this is not always the case. A former spouse might stop paying support or refuse to follow the property division terms in the divorce judgment. But these judgments are court orders. That means you have legal means to enforce them.

If your ex is refusing to comply with your Illinois divorce judgment in 2026, a Kane County, IL divorce attorney can explain how you can ask the court to enforce the order.

How Can I Enforce an Illinois Divorce Judgment?

According to 750 ILCS 5/511, enforcement proceedings can address obligations involving spousal maintenance, child support, and property.

One enforcement option is a Petition for Rule to Show Cause. This asks the court to require your former spouse to explain why he or she has not followed the order. If the court finds that the violation was willful, the judge can find that person in contempt.

What If My Ex Refuses to Follow the Property Division Terms in Illinois?

The division of assets and debts is often a crucial part of a divorce case. Problems can arise when an ex refuses to take action required by the court, such as transferring property or paying an assigned debt.

If your ex refuses to follow the property division terms in your divorce judgment, you can ask the court to enforce the specific obligation. The judge can order your former spouse to complete the required action. If the refusal is willful, the court can also use its contempt powers to enforce the judgment.

Keep records showing what your ex was required to do and any attempts you made to resolve the problem. For example, if your ex was ordered to transfer funds from an account but has not done so, save communications about the transfer along with records showing that it remains incomplete.

What Can I Do if My Ex Stops Paying Child Support in Illinois?

A parent who is subject to a child support order must make the required payments. A change in income does not give that parent the right to stop paying or decide on a lower amount without a court order.

If your ex stops paying child support, enforcement options can include:

• Income withholding
• Liens against certain property
• Suspension of certain licenses
• Court enforcement proceedings

A parent who has lost a job or experienced another major financial change can ask the court to modify child support. Until the court changes the existing order, however, the current obligation remains in effect.

Child support can also be enforced through the Illinois Department of Healthcare and Family Services Division of Child Support Services. In other situations, a parent can pursue enforcement directly through the court with the help of a private attorney.

What Happens if My Ex Does Not Pay Spousal Maintenance in Illinois?

Spousal maintenance terms in a divorce judgment are also legally binding. If your former spouse stops making the required payments, again, you can ask the court to enforce the order.

The appropriate enforcement method will be based on the unpaid obligation and the terms of the judgment. The court can address missed payments and require compliance with its existing order.

If your former spouse wants to lower maintenance, they usually must ask the court. However, some events, like remarriage, can end future payments automatically.

Can My Ex Be Required to Pay My Attorney Fees for an Illinois Enforcement Case?

Illinois law requires the noncompliant party to pay reasonable attorney fees and costs in certain enforcement cases. Under 750 ILCS 5/508, this applies when the court finds that a person's failure to follow an order or judgment was without compelling cause or justification.

Contact a Kane County, IL Divorce Attorney Today

When your former spouse refuses to follow a divorce judgment, you do not have to resolve the problem on your own. At Mirabella, Kincaid, Frederick & Mirabella, LLC, our attorneys can review the existing court order and explain your options for enforcing its terms.

MKFM Law serves family law clients from our offices located in Kane, DuPage, and DeKalb Counties. Contact our St. Charles, IL divorce lawyer or call 630-665-7300 to schedule an initial attorney meeting.