Zaabel V. Konetski

Illinois Supreme Court – (2001) Held – The Uniform Family Support Act Does Not Prevent The Circuit Court Of DuPage County, Illinois From Enforcing The Payment Of Child Support Even Where Both Parties Reside Out Of State

Zaabel v Konetski 209 Ill.2d 127, 807 N.E.2d 372 (2004) Illinois Supreme Court

(Leading case on application of the Uniform Family Support Act as relates to enforcement of orders for payment of child support).

In Zaabel Attorney Canulli represented Doris L. Kunz, a mother of two small children who was divorced in DuPage County, Illinois but who had since moved out of state with the children. Ms. Kunz retained Attorney Canulli to prosecute a Petition for Contempt of Court seeking to collect child support from the father, Jerry Zaabel, who had also moved out of state.

Mr.Zaabel petitioned the Illinois Supreme Court for an order prohibiting the trial court from taking further action on Ms. Kunz’s petition because neither party then lived in the State of Illinois arguing that under the Uniform Interstate Family Support Act the DuPage Court was powerless to enforce the order for support. The Illinois Supreme Court however, accepted Mr. Zaabel’s Petition For Writ Of Prohibition stating, “…We do so in this case because we consider it important to the administration of justice to provide guidance regarding the issue Jerry raises.”

The Illinois Supreme Court then denied Mr. Zaabel’s Writ of Prohibition and agreed with Ms. Kunz that the court in DuPage could enforce the payment of child support through the Uniform Interstate Family Support Act, that the Act did not apply to nor impair the DuPage court's authority to enforce its support order and that Ms. Kunz’s Petitions for Contempt and to Enforce payment of were proper. Thereafter, Attorney Canulli successfully prosecuted both petitions and Mr. Zaabel paid his child support despite the fact that he continued to reside out of state.



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