How To Enforce an Unpaid Alimony Order in Illinois
Posted on November 20, 2025 in Alimony/Spousal Support
When an Illinois court orders your former spouse to pay alimony, also called spousal support or maintenance, they are legally obligated to pay. Unfortunately, that does not always mean that they will follow the order. If your ex is violating a court order, Illinois law gives you several options to enforce those payments. Working with our experienced DuPage County, IL alimony lawyers is the first legal step.
What Legal Options Do You Have To Collect Unpaid Spousal Maintenance?
When your ex refuses to pay alimony, the court has the power to make them comply. Under 750 ILCS 5/504, spousal maintenance is a legally binding judgment, and under 750 ILCS 5/508, Illinois courts have the authority to enforce maintenance orders and impose penalties when a spouse does not comply. Failing to follow it can result in the court finding them "in contempt." If that happens, they can face fines or even jail. Some ways you can collect payment include:
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File a petition for rule to show cause: This asks the court to require your ex to explain why they have not paid. If the court finds they willfully disobeyed the order, they may face serious penalties.
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Seek a wage deduction order: The court can direct your ex’s employer to automatically deduct maintenance from their paycheck.
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Freeze or garnish accounts: You may collect money directly from bank accounts or intercept tax refunds to cover unpaid amounts.
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Place a lien on property: The court can secure unpaid maintenance by placing a lien on real estate or other valuable assets.
What if Your Ex Moves Out of State and Stops Paying Alimony?
Leaving Illinois does not erase a person’s legal responsibility to pay court-ordered alimony. The Uniform Interstate Family Support Act allows Illinois courts to enforce maintenance orders across state lines. Your attorney can register the Illinois judgment in the state where your ex lives, giving that state’s courts the power to enforce payment.
Even if your ex moves far away, wage garnishment and tax refund interception can still be used to collect what is owed. Federal law supports these enforcement methods nationwide. With the help of your attorney, you can coordinate enforcement between states to ensure your former spouse continues to meet their legal obligation.
Can Maintenance Be Modified in Illinois?
Sometimes, there is a valid reason for a paying spouse to ask the court to change the divorce decree. Under 750 ILCS 5/510, either party can request a modification if there has been a substantial change in circumstances. This might happen if one of you loses a job, faces a serious health issue, or experiences a big change in income.
If your ex is seeking modification to lower or cancel alimony, they cannot just stop making payments without the court’s permission. The order stays in effect until a judge officially changes it. Ignoring it can lead to serious consequences. If your ex tries to use a modification request as a way to delay payment, your attorney can ask the court to keep enforcing the order while that request is being reviewed.
Keep a detailed record of every missed payment and any messages or emails about the issue. This information gives your attorney solid proof to show the court that enforcement action is needed.
Contact Us for a Free Consultation With a Wheaton, IL Maintenance Attorney
At Andrew Cores Family Law Group, our attorneys collaborate to deliver exceptional service in family law, divorce law, business law, and alternative dispute resolution (ADR). Attorney Andrew Cores, a Fellow of the Collaborative Law Institute of Illinois and past member of its TEC Committee, can offer deep insight into resolving disputes efficiently and fairly.
Our firm proudly serves clients throughout DuPage County, helping individuals and families navigate enforcement, modification, and complex divorce matters with experience and compassion. Contact us today at 630-871-1002 for a free consultation with our DuPage County, IL alimony lawyers.
