In re Marriage of Dalzell, 2025 IL App (2d) 240658-U
Contempt Requires Willful Disobedience of Clear Order
Illinois appellate court affirmed denial of contempt petition where father failed to prove mother willfully violated dissolution judgment regarding medical expense reimbursement. Court applied willful noncompliance standard, finding residential treatment costs were recreational, not medical. Practitioners must draft precise expense definitions in dissolution orders.
Facts
Jennifer Dalzell (Johnson) and Steven Dalzell divorced with a judgment allocating medical expenses 40% to Jennifer, 60% to Steven. Steven sought contempt when Jennifer refused to reimburse him for transportation and residential treatment facility costs for their child. The trial court denied the contempt petition and Steven appealed.
Issue
Whether petitioner willfully disobeyed the dissolution judgment by failing to reimburse respondent for transportation and residential program fees claimed as medical expenses.
Holding
The appellate court affirmed denial of the contempt petition, finding respondent failed to prove petitioner willfully disobeyed a clear, unequivocal order. The treatment program costs were deemed recreational rather than medical expenses, and required advance notice was not provided.
Key Reasoning
- Contempt requires proof of clear, unequivocal command and willful noncompliance
- Treatment programs contained recreational elements (skiing, yoga, chef meals, game rooms) that undermined medical necessity characterization
- Judgment's 14-day advance notice provision is substantive and failure to comply can forfeit reimbursement rights
- Subsequent court orders changing arrangements undercut the clarity of original contempt claim
Practical Impact
For Petitioners
Draft dissolution orders with precise definitions of medical vs. recreational expenses and require pre-approval procedures with clinical documentation
For Respondents
Challenge contempt by demonstrating order ambiguity, lack of proper notice, or recreational nature of disputed expenses
When This Applies
Applies when treatment includes recreational elements; distinguishable when expenses are purely medical with proper advance notice
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