Judge Jails Illinois Man for Two Years for Failure to Pay Ex-Wife

 Posted on October 24, 2024 in Family Law

A Cook County divorce court judge has jailed a man for two years because he refused to pay his ex-wife a court-ordered settlement of $10 million. Although the man has maintained he does not have the money, the judge remains unmoved. The man is now attempting to persuade a state appeals panel to allow him to trade his jail cell for home confinement.

During the past 27 months the Illinois man has spent in jail, there have been no evidence-based findings on whether the man's contempt charge and subsequent jailing are coercive, or primarily punitive. Civil judges, including family law judges, are not allowed to take punitive actions to persuade an individual to pay a court-ordered settlement.

Under the final divorce decree, filed in 2011, the court determined the man was worth about $7.3 million and that the couple’s marital property included 320,000 shares of stock. While the court found that a portion of the shares were held separately from marital assets, it ordered 140,000 shares to be liquidated, and the proceeds given to the wife.

As the years passed, the wife never received her share of the stocks, which is now estimated to be worth about $10 million. The family court judge said in 2021 that the ex-husband could not escape his obligations to his ex-wife by swindling his business partners to ensure the judgment was not available. The ex-husband was ordered to jail in June 2022, where he has remained since.

This is believed to be the longest incarceration for failure to pay a divorce settlement in Illinois history.  The family court judge believes the ex-husband has the "ability to comply" and that incarceration is an appropriate means of compelling compliance. If you are dealing with a similar situation, speaking to an experienced St. Charles, IL family law attorney from Mirabella, Kincaid, Frederick & Mirabella, LLC can be beneficial.

Could You Be Jailed for Failing to Pay a Court-Ordered Settlement to Your Ex-Spouse?

While the above is an extreme example, an ex-spouse who refuses to abide by a court-ordered decree could be jailed for contempt. It is rare that a contempt charge would result in a serious stretch of jail time, and generally, the mere threat of jail is sufficient to convince a person that it is in his or her best interests to follow a judge’s orders. If the person who owes money to his or her ex-spouse is having financial difficulties, the judge may provide a time frame in which the arrears can be caught up. If the spouse who owes money refuses to pay, the court will set a date for a contempt hearing, and jail is a real possibility for some violations.

Can You Ask for a Modification of Terms?

If you were ordered during the divorce to pay your ex a specific amount, but your finances have taken a downturn, you might consider filing a modification that will possibly change the amount owed. The judge will determine whether there has been a substantial change in circumstances that warrants lowering the amount owed, whether it is for spousal support or a share of the marital assets.

It is up to the person filing for the modification to show evidence of lowered financial resources, whether it is due to the loss of a job, an illness, or a disability. If the judge does not believe the modification is warranted, he or she may set a timeframe for you to catch up on the payments. If that timeframe is not met, a contempt of court hearing could be held, and you could conceivably be jailed as a coercive measure to convince you to pay the court-ordered settlement.

Contact a Kane County, IL Alimony Attorney

Regardless of which side of the issue you are on, it can be beneficial to speak to a St. Charles, IL family law attorney from Mirabella, Kincaid, Frederick & Mirabella, LLC. Our firm has the necessary experience and knowledge in all aspects of family law to help you determine your best option. MKFM Law offers highly skilled, client-centered attorneys at our offices in Kane and DuPage Counties who are ready to fight on your behalf for the best possible outcome. Call 630-665-7300 to schedule an initial attorney meeting.