Ill. R. Cir. Ct. Lake Cnty. 4-4.03

As amended through September 23, 2024

Rule 4-4.03 - Procedure upon Default of Payment

A.Petition for Adjudication of Contempt

1. If the obligor is in default of payment, counsel representing the interest of the obligee or the public office, or a self-represented obligee, may file a Petition for Adjudication of Contempt or Rule to Show Cause against such obligor. The Petition shall be verified and set forth with particularity that the portion(s) of the Court Order that is alleged to have been violated and the nature of the violation. If the Court finds that the Petition sets forth allegations which support the charge, it shall set the matter for hearing and order counsel representing the obligee, or a self-represented obligee, to give Notice to the obligor and provide proof thereof.

2. Notice of the hearing and a copy of the Petition shall be served and returned in the manner provided in Supreme Court Rule 105(b)(1) or by regular U.S. Mail addressed to the obligor's last known address. Proof of mailing Notice shall be made a part of the record. Notice by personal service shall be served not less than seven days prior to hearing, and Notice by U.S. Mail shall be mailed not less than ten days prior to hearing. In addition to the time, date and place of hearing, the Notice shall include the following words in bold type: "YOUR FAILURE TO APPEAR AT THIS HEARING MAY RESULT IN YOUR ARREST."

3. Upon hearing of the Petition, if the obligor fails to show that non-compliance with the support Order was not willful because there was a valid excuse for the failure to pay, the obligor may be found in indirect civil contempt and sanctioned according to law.

4. If the basis of the charge of civil contempt is the failure of the Respondent to make court ordered payments to the SDU, the records of the SDU shall be prima facie evidence of the amount paid and disbursed by the Clerk.

5. If, after Notice, the Respondent fails to appear, the Court may order a body attachment to issue and set bail.

6. If the Court finds the Respondent in civil contempt, it may continue the matter for a reasonable time before the imposition of sanctions or; it may impose sanctions immediately. Prior to the imposition of sanctions, the obligor shall have the right to make a statement in mitigation. Sanctions may include a continuing fine and/or incarceration in the county jail. The sanctions imposed shall remain in full force and effect until the Respondent purges himself of contempt or is otherwise discharged by due process of law. The Court shall assess reasonable costs and attorney's fees against the obligor.

7. Upon an adjudication of civil contempt, the Court shall enter a written Judgment Order specifying the factual basis for the finding of contempt, the sanction imposed, and the means by which the Respondent may purge himself of contempt. A copy of the Order shall be provided to the obligor.

8. An appeal from a Judgment of civil contempt may be taken as in civil cases. Upon filing a Notice of Appeal, the Court may fix bond and may stay the execution of any sanction imposed pending the outcome of the appeal.

B.Body Attachment

1. If the obligor fails to appear at the hearing after receiving due Notice, or if the Court has reason to believe the obligor will not appear in response to the Notice, the Court may issue a body attachment directed to the obligor.

2. When an attachment issues, the Court shall set bail as authorized in criminal cases. The amount of bail shall be indicated on the Order of Attachment.

C.Bail Posted or Purge Paid

1. When bail is posted pursuant to a Body Attachment, the funds shall be held by the Clerk of the Circuit Court, and after hearing on the Rule to Show Cause shall be disbursed pursuant to Order of Court. If the Order of the Court is to retain the posted bail funds as payment for child support arrearages, the Clerk of the Circuit Court shall promptly forward these funds to the SDU.

2. When a purge is paid pursuant to an Order of Contempt, the funds shall be held by the Clerk of the Circuit Court and unless the Court has ordered otherwise, the Clerk of the Circuit Court shall promptly forward these funds to the SDU.

Ill. R. Cir. Ct. Lake Cnty. 4-4.03

Amended effective 10/24/2016; amended effective 4/8/2024.