Legal Question in Family Law in Illinois

Enforcing a Divorce Decree -- The Rule to Show Cause Proceeding

One of the more powerful, straightforward, effective, and focused proceedings in the courtroom is the �Rule to Show Cause� proceeding.

Based upon your sworn allegation that a court order was entered, that the order required your ex to perform (or refrain from) certain acts or conduct, and that your ex has not performed (or refrained from) the required act or conduct, the court may find that a prima facie case (a case in which the evidence presented is sufficient for a judgment to be made unless the evidence is contested) of �contempt� or �contempt of court� has been established.

Commonly, the judge issues an order called a �Rule to Show Cause� against the party commanding him to appear before the court and explain why he should not be held in contempt of court for his failure to obey a court order. There are many many possible reasons why a court order might not have been obeyed. If the court doesn�t accept the reason or excuse, a finding of contempt is made.

Depending upon what the court is trying to accomplish, the court will take steps to enforce its order. W-2�s will be obtained, an alcohol evaluation will be ordered with a return date, the payment of medical reimbursements will be dealt with, etc. The means by which the court accomplishes this varies from case-to-case depending much on the seriousness of the wrong and the attitude and performance of the contemnor. An award of attorneys� fee is often included.

This is a matter you could possibly handle, but the proceeding is sufficiently powerful that you might not effectively take full advantage of it, and you�d need to to be prepared for the follow-up proceeding (the motion to modify child support � a separate proceeding). This can easily be too complicated, both procedurally and in substance. I recommend you again seek the advice of an attorney in your area. The attorney can look into the merits of your claim, and advise you as to whether you are likely to have your attorney�s fees awarded by the court to you from your ex because of his failure to obey the decree.

BTW You already have a job to do. You have to set your ex up. You need to give him a demand -- a clear statement of what you require (i.e., W-2�s since 1996), when and how you require it (i.e., copies to me in 30 days), your authority to require it (i.e., par 5(e) of the court order or marital settlement agreement), and what you will do if you are not satisfied (i.e., I�ll go to court). For medical reimbursements, set him up. Provide a copy of all bills for which you seek reimbursement. Be clear and complete.

Work hard to avoid being wrong. You don�t want to give him an excuse for not responding to your request. For example, if you�re wrong on reimbursement amounts and ask for more than you�re actually owed, he gets to whine and say that�s why he didn�t pay. And you need to be right to prove why he should pay your attorney�s fees.