Enforcement of Prior Orders

Legal Assistance with Enforcing Prior Court Orders

If someone is not fulfilling their obligations under the current order for child support, maintenance, or another family law issue, you may have legal remedies to enforce your rights. However, courts will only enforce orders that exist in the original judgment. If it is not in the judgment, it is not enforceable. This is why it is very important to have a knowledgeable attorney draft the judgment or settlement agreement.

To discuss your legal options as they relate to your original family law order, contact the DuPage County, Illinois attorneys law office of Kathryn L. Harry & Associates, P.C. today.

It is important to maintain good records and proof that an individual has not fulfilled their obligations. One way to maintain accurate records and enforce a court order is to arrange for child support to be filtered through submitted to the Illinois State Disbursement Unit or for maintenance to go through the Clerk of the Circuit Court. When the money is not being deposited with those entities, it becomes easier prove that you are not being paid support due.

By neglecting to fulfill their child support and maintenance obligations, individuals may be held in contempt of court or they may even go to jail. The court may also have any current or pending pleadings stricken, so that if the negligent party has any petitions on file with the court for a change modification, attorneys' fees, or any other pending request, the court may deny that request.

First, Kathryn L. Harry & Associates, P.C. will gather the available evidence and will file a petition asking the court to declare the violating party in contempt and grant any available remedy.

If a party's failure to fulfill their obligation according to the existing judgment is due to a factor they cannot voluntarily control, such as the loss of a job, the court is not likely to hold them in contempt. However, if they purposefully do not fulfill their obligations, the court will impose penalties.

We represent individuals on both sides of these cases. If you wish to enforce the obligations set forth in your family law judgment, the firm can help you recover unpaid support and seek a judgment for interest as well. If you have fallen behind on your obligations, you need to seek out a legal remedy to avoid these consequences.

The lawyers at Kathryn L. Harry & Associates, P.C. also represent clients following paternity hearings in the enforcement of parental obligations for child support.

Enforcement disputes are handled on a case by case basis, according to the individual circumstances involved and the original court order. To discuss the unique circumstances of your case with a knowledgeable attorney who will be able to provide you with an educated assessment of your rights and obligations in an enforcement case, contact the law office of Kathryn L. Harry & Associates, P.C. today.