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

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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

Answers:

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

Answered 4 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.


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