How do I file if ex-husband hasn’t complied with the terms of our divorce decree?

UPDATED: Oct 1, 2022

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How do I file if ex-husband hasn’t complied with the terms of our divorce decree?

My ex was ordered to pay back taxes in our divorce which was finalized almost a year ago. He failed to do so and now my tax return has been taken by the IRS. Do I file that as contempt of court under our divorce case or is it a whole new case? If I need to file a new case, would it be small claims since the total is under $2000?

Asked on February 27, 2019 under Family Law, Illinois


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

Answered 3 years ago | Contributor

You would file for contempt of court in your divorce case. You will need to file an Order to Show Cause for a hearing. Call the court clerk to schedule the hearing. Include the date/time/department of the hearing in your Order to Show Cause. Also file your declaration signed under penalty of perjury stating the facts in support of your contempt of claim. File any additional supporting evidence, documents, etc. File a proof of service. File these documents with the court and mail a copy to your ex to provide him with notice of the contempt of court hearing. The proof of service (court form) verifies the date of mailing.
Prior to filing your documents with the court, ask the court clerk if any additional documents are required for a contempt of court claim 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 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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