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Q: How can I expedite court submission for child support order in IL?
I represented myself in a custody case that concluded on July 28th. I had a child support lawyer through the state. My child support lawyer and I agreed with my children's father's lawyer that I would waive all back child support if the payments started immediately, and they agreed. However, as of today, his lawyer still hasn't sent back the order to the courts for submission to the judge. I've contacted the state lawyer, who emailed him a week ago to remind him, but nothing has been submitted. What actions can I take to expedite this process since he has already fallen one month behind on payments again?
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James L. Arrasmith
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A:
It’s frustrating when you’ve already reached an agreement but the paperwork is dragging and preventing the order from being enforced. Since the other attorney hasn’t submitted the order, you’re left waiting while payments are already falling behind. The court can’t enforce an agreement until it’s officially entered, so moving this forward is important.
One option you have is to file a motion yourself asking the court to enter the child support order or to schedule a hearing to address the delay. Judges don’t like it when agreed orders sit unsigned, so bringing the matter directly to the court can push things along. You can also let the state lawyer know you want them to take stronger action, such as filing their own draft of the order and requesting the judge sign it.
If payments are already late, you might also be able to ask the court for enforcement measures once the order is finalized. For now, the key step is not waiting on the other lawyer but putting the matter back in front of the judge so it doesn’t stall any longer. By doing that, you’ll give the court the chance to confirm the agreement and make sure support starts flowing as promised.
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