Indiana Divorce Guide

Enforcement

The final divorce decree will contain one or more Enforce court orderscourt orders, directing the parties to a set of behaviors expected of them after the divorce. Areas that get attention are child support, spousal support, division of assets and visitation schedule.

Child support – When the person obligated to pay child support fails to do so, the other party can contact the Illinois Department of Healthcare And Family Services’ (HFS) Division of Child Support Services (DCSS) and request help in collecting the money due. DCSS will contact (or track down) your ex-spouse and encourage compliance with the order using measures such as garnishment of wages, drivers license suspension, seizure of tax returns, passport or assets, suspension of professional or recreational licenses and criminal contempt of court (fines and jail time).

All other orders from the court

If any remaining part of a court order is not being complied with, you must begin contempt of court  proceedings against the individual. This requires filing the Petition for Rule to Show Cause form with the court, specifying what is delinquent. Most courts in this state require that you also complete and submit a Notice of Motion form. The court will then schedule a hearing and you must serve notice on your Ex with both forms.

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At the hearing, you must provide specific proof that your Ex is in contempt of the court order. You must cite portions of the order that have been violated and facts that support contempt. The court will expect you to cite was expected of your Ex, that s/he was aware of the order, had the ability to comply with the order, and intentionally disregarded the order. If you have done your job properly, the court will hold your Ex in contempt of court.  What sanctions might be imposed will depend on the severity of the contempt.

Enforcement of property division order – all orders and awards contained in a dissolution of marriage decree or legal separation decree may be enforced by:

  • contempt;
  • an income withholding order; or
  • any other remedies available for the enforcement of a court order; except as otherwise provided by this article. [IC 31-15-7-10]

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