Illinois Affidavit by Attorney and Request for Order in Support of Motion to Punish Defendant for Contempt due to Failure to Pay Alimony or Spousal Support

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Description

Contempt refers to any willful disobedience to, or disregard of, a court order or any misconduct in the presence of a court; action that interferes with a judge's ability to administer justice or that insults the dignity of the court.


There are essentially two types of contempt:


" Disrespect to the decorum of the court (being rude, disrespectful to the judge or other attorneys or causing a disturbance in the courtroom, particularly after being warned by the judge) and

" Willful failure to obey an order of the court.


This form deals with such a willful failure. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.



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FAQ

§ 510. Modification and termination of provisions for maintenance, support, educational expenses, and property disposition. (B) upon a showing of a need to provide for the health care needs of the child under the order through health insurance or other means.

If the matter is heard without a jury, and upon a finding of direct criminal contempt, the Court may impose a fine not to exceed five hundred dollars, a jail sentence not to exceed six months, or both.

Section 506 of the Illinois Marriage and Dissolution of Marriage Act authorizes the court, on its own motion or by motion of either party, to appoint an attorney to represent the children "in proceedings involving the support, custody, visitation, education, parentage, property interest or general welfare of a minor or ...

In a marriage of under 5 years, maintenance payments last for 20% of the marriage's length. For a 9-10 year marriage, alimony payments last 40% of the marriage's length. 20+ years of marriage means alimony will either last the marriage's length or indefinitely.

Sec. 513. Educational expenses for a non-minor child. (a) The court may award sums of money out of the property and income of either or both parties or the estate of a deceased parent, as equity may require, for the educational expenses of any child of the parties.

If you don't pay alimony in Illinois, the court can punish you by garnishing wages, jail time, and fines.

Section 508(b) of the Illinois Marriage and Dissolution of Marriage Act states that "[i]n every proceeding for the enforcement of an order or judgment when the court finds that the failure to comply with the order or judgment was without compelling cause or justification, the court shall order the party against whom ...

(a) To promote amicable settlement of disputes between parties to a marriage attendant upon the dissolution of their marriage, the parties may enter into an agreement containing provisions for disposition of any property owned by either of them, maintenance of either of them, support, parental responsibility allocation ...

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Illinois Affidavit by Attorney and Request for Order in Support of Motion to Punish Defendant for Contempt due to Failure to Pay Alimony or Spousal Support