At Gordon & Perlut, LLC, we understand the stress and financial hardship that can come when a former spouse stops paying court-ordered maintenance. Spousal maintenance, sometimes referred to as alimony, is often essential for maintaining financial stability after a divorce. When payments stop unexpectedly, it can disrupt your life and create uncertainty about your future. Fortunately, Illinois law provides legal remedies to enforce maintenance orders and hold non-paying ex-spouses accountable.
Maintenance in Illinois is governed by 750 ILCS 5/504, which allows the court to order one spouse to make periodic payments to the other after a divorce. These payments are meant to provide financial support based on factors such as the length of the marriage, the income and earning capacity of both parties, and the standard of living during the marriage. Maintenance orders are legally binding court directives, and failing to comply with them can lead to serious legal consequences for the paying spouse.
If your ex stops paying maintenance, you have the right to file a petition for enforcement under 750 ILCS 5/511. This allows the court to review the case and order your ex to comply. The court has several enforcement options:
These remedies are designed to protect your rights and ensure you receive the support you are legally entitled to.
It’s important to understand that your ex cannot simply stop paying maintenance on their own. If they believe their circumstances have changed significantly, they must petition the court for a modification under 750 ILCS 5/510. Only a court order can change or terminate maintenance obligations. Until such an order is granted, your ex is legally required to continue making payments as specified in the divorce decree.
You should contact your divorce attorney as soon as payments are missed. We can file a petition for enforcement with the court to protect your rights and seek immediate remedies.
Yes, if the court finds that nonpayment is willful, the judge can hold your ex in contempt of court, which may include jail time until they comply with the maintenance order.
Under Illinois law, past-due maintenance payments can accrue statutory interest, increasing the total amount your ex owes. We can request the court to include interest in the judgment for arrears.
Yes, income withholding is a common enforcement tool. The court can order your ex’s employer to deduct maintenance payments from their wages and send them directly to you or through the State Disbursement Unit.
Financial hardship does not excuse ignoring a court order. Your ex must petition the court for a modification under 750 ILCS 5/510, providing evidence of a substantial change in circumstances. Until the court approves a modification, payments are still due.
Yes, under Illinois law, the court may order your ex to pay your reasonable attorney fees incurred in seeking enforcement of the maintenance order.
If your ex has stopped paying maintenance, you do not have to face the situation alone. At Gordon & Perlut, LLC, we fight for your rights and pursue every legal option to secure the support you deserve. We represent clients throughout Chicago and all of Illinois in maintenance enforcement cases.
Contact our Chicago maintenance lawyers at our Chicago office at 312-360-0250 or our Skokie office at 847-329-0101 to arrange a free consultation. Let our experienced divorce attorneys help you protect your financial future and hold your ex accountable under Illinois law.