In re Marriage of Mulvihill, 2021 IL App (5th) 160546-U

1. Case citation and parties
In re Marriage of Mulvihill, 2021 IL App (5th) 160546-U. Petitioner/Appellee: Karen Mulvihill; Respondent/Appellant: David Mulvihill.

2. Key legal issues
- Whether the trial court properly found David in indirect civil contempt for failing to pay one-half of the children’s medical, daycare and extracurricular expenses as required by a stipulation and dissolution judgment.
- Whether the trial court abused its discretion in awarding Karen attorney fees under section 508(b) of the Illinois Marriage and Dissolution of Marriage Act for enforcement of the judgment.

3. Holding/outcome
- The appellate court reversed the contempt finding because, by the time of the contempt hearing, David had paid the disputed amounts and therefore could not be ordered to purge contempt.
- The court affirmed the award of $500 in attorney fees, concluding the trial court did not abuse its discretion in finding David had willfully failed to comply prior to paying.

4. Significant legal reasoning
- Indirect civil contempt requires the contemnor have the ability to purge the contempt (i.e., an ongoing contemptible refusal to obey a court order that can be remedied by the contemnor). Where the contemnor has already complied before the contempt hearing, a contempt sanction is improper because there is nothing left to purge.
- The appeals court distinguished that procedural point from the separate question of awarding attorney fees: even though contempt could not stand post-payment, the trial court reasonably found, based on the record (emails, testimony about handing receipts and delays, and the timing of payments after the petition), that David willfully failed to comply with the stipulation/dissolution judgment without sufficient justification. Under 750 ILCS 5/508(b), the court may award fees for enforcement when noncompliance is willful; fee awards are reviewed for abuse of discretion and were upheld here.

5. Practice implications (concise)
- For petitioners seeking contempt: preserve proof of delivery/receipt of billing documentation (emails with delivery/read receipts, certified mail, contemporaneous affidavits, photos of hand-delivered receipts). Show continuing noncompliance at time of hearing to support a contempt finding and fee award.
- For respondents defending contempt: comply promptly or show bona fide inability/justification; if payment occurs before hearing, move to dismiss contempt as moot/no purge available but beware that fees may still be awarded for prior willful noncompliance.
- When drafting dissolution stipulations, include clear submission and billing timelines, notice/receipt requirements, and remedies for late compliance to reduce disputes.
- Note: this is a Rule 23 decision (not precedential except in narrow circumstances) but offers persuasive guidance on contempt/fee issues.