what do i do if my ex is not following the divorce agreement?

UPDATED: Sep 30, 2022

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what do i do if my ex is not following the divorce agreement?

In our divorce agreement, it states that my ex needs to pay me a specific amount
of money by the 1st of each month for 18 months. He has been late on his
payments for the past few months and this month he has not paid me yet it is now
15 days late. What do I do?

Asked on November 15, 2016 under Family Law, Illinois


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Your only recourse is to pursue contempt of court against your ex.
You will need to file an Order To Show Cause (court form) to request a hearing. Call the court clerk to schedule a hearing date. With the Order To Show Cause, file a declaration signed under penalty of perjury stating the facts supporting your contempt of court claim and any other supporting evidence such as documents showing late payments. You will also need to file a proof of service which verifies the date of mailing a copy of your court-filed documents to your ex to provide him with notice of the hearing.
Check with the court clerk to inquire if any other documents are required for contempt of court because the required documents may vary from state to state.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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