Let me start with some crucial advice: If a court orders you to do something, you need to comply with a court order in Illinois, whether you agree with the order or not. Ignoring it could result in serious consequences, such as fines, wage garnishment, or even jail time. If you believe an order is unlawful or unfair, Illinois law provides options to change or challenge it.
The Illinois Code of Civil Procedure offers several ways to address a court order you disagree with. These remedies are nuanced and depend heavily on the details of your case. Consulting an experienced family law attorney can help you understand your options and increase your chances of success.
In this article, I’ll walk you through three key options for addressing a court order you cannot comply with. You may be able to file a motion to modify the order. You can also request that the court reconsider its ruling. In some cases, you may have grounds to appeal the decision.
Table of Contents
- Why You Shouldn’t Ignore a Court Order
- Legal Options for Changing or Challenging a Court Order
- Option 1 – Motion to Modify a Court Order
- Temporary Orders
- Changes in Circumstances
- Option 2 – Motion to Reconsider a Court Order
- Grounds for Reconsideration
- Challenging an Agreed Order
- Option 3 – Appealing a Court Order
- Next Steps if You Can’t Comply With a Court Order
Why You Shouldn’t Ignore a Court Order
Failing to comply with a court order can result in severe penalties, including being held in contempt of court. Contempt charges may lead to fines, wage garnishment, and even jail time. Courts take non-compliance seriously, which is why it’s crucial to understand your legal options for changing an order instead of simply ignoring it.
In divorce and family law cases, ignoring a court order can have even greater consequences. If a parent violates a custody or visitation order, the court may reduce their parenting time or modify the arrangement to favor the other parent. Failing to pay child support or spousal maintenance can result in wage garnishment, bank account liens, or even license suspension. In extreme cases, a judge may find the non-compliant party in contempt of court, leading to additional penalties.
If you are struggling to comply with a court order, ignoring it is not the solution. Courts recognize that circumstances change and provide legal remedies, such as modifications or reconsideration requests. Taking action through the legal system is always better than facing enforcement measures that could harm your financial stability, parental rights, or reputation in court.
Legal Options for Changing or Challenging a Court Order
If you believe a court order is unfair, incorrect, or outdated, there are legal remedies that may allow you to request changes or even challenge the order altogether. Illinois law outlines specific processes depending on whether you’re seeking to modify the terms of the order, correct a court error, or escalate the issue through an appeal. Each remedy requires careful consideration of your situation and the legal standards in play.
Below are the key options available to address an unfavorable court order. Let’s go through them
Option 1 – Motion to Modify a Court Order
This option works best for temporary orders or orders that are entered by the Court during the pendency of a case, but not as a permanent order. Section 501 of the IMDMA states:
“In all proceedings under this Act, temporary relief shall be as follows: (a) Either party may petition or move for: (3) other appropriate temporary relief…” 750 ILCS 5/501.
Temporary Orders
If the court made an error in a temporary order, you can still request a modification. You can point out the court’s errors or show that circumstances have changed since the order was issued. In divorce cases, this is often used when a spousal maintenance or child support order no longer reflects financial realities, or when a parenting plan needs adjustment due to a change in circumstances.
Changes in Circumstances
Even if the order was not temporary, you can still move to modify it if it no longer reflects the factual reality. For instance, if you’re ordered to pay spousal maintenance based on a $100,000 income, and your income drops to $50,000 through no fault of your own, you can request a modification because of changed circumstances.
Option 2 – Motion to Reconsider a Court Order
This option is usually filed under Section 1203 of the Illinois Code of Civil Procedure, which states:
Sec. 2-1203. Motions after judgment in non-jury cases.
(a) In all cases tried without a jury, any party may, within 30 days after the entry of the judgment or within any further time the court may allow within the 30 days or any extensions thereof, file a motion for a rehearing, or a retrial, or modification of the judgment or to vacate the judgment or for other relief.
(b) Except as provided in subsection (a) of Section 413 of the Illinois Marriage and Dissolution of Marriage Act, a motion filed in apt time stays enforcement of the judgment except that a judgment granting injunctive or declaratory relief shall be stayed only by a court order that follows a separate application that sets forth just cause for staying the enforcement.
735 ILCS 5/2-1203.
Grounds for Reconsideration
Illinois Courts have granted motions to reconsider for a few different reasons. A Court may grant a motion to vacate an order or judgment “upon any terms and conditions that shall be reasonable.” (Larson v. Pederson, 349 Ill. App. 3d. 203). According to Section 1301, the primary consideration is “whether substantial justice is being done between the parties and whether it is reasonable under the circumstances to proceed to trial on the merits.” Larson.
Challenging an Agreed Order
Even with an Agreed Order or Judgment, the court can vacate it if it’s unconscionable. It will be a difficult burden to show the Court that it is unconscionable, but is possible when the agreement is “improvident, totally one-sided, or oppressive.” (Walter E. Heller & Cp. V. Convalescent Home of the First Church of Deliverance, 49 Ill.App.3d 213 [1977]).
To succeed, you would need to show that you lacked important information—not due to your own lack of diligence—before agreeing to the terms.
Option 3 – Appealing a Court Order
If the Court made a serious mistake, either in applying the law or evaluating the facts, you may have grounds to appeal. However, appealing an order you disagree with is not a second chance to argue your case. It involves asking a higher court to review the lower court’s decision.
Careful consideration is needed before pursuing an appeal Appeals can be costly, and courts generally presume the lower court’s order to be enforceable.
Next Steps if You Can’t Comply With a Court Order
You have the right to challenge a court order, but success depends on taking the right legal steps. Whether you need to modify a temporary order, request reconsideration, or appeal a serious mistake, Illinois law gives you options to protect your rights.
These decisions require urgency and expertise. Don’t wait to take action. Contact Anderson Boback & Marshall to schedule a consultation. Our experienced family law attorneys will guide you in taking decisive action to protect your interests.
