QUESTION
How can I modify my child support arrearage balance?
Asked on Nov 26th, 2013 on Child Custody - Illinois
More details to this question:
I was diagnosed with 3 bulging discs (2 of which were herniated) 20 months ago. Despite undergoing surgery, I still remain under physician restrictions and have not been able to work as a nurse during this time. I am currently applying for a social security income. Despite the fact that I've not been employed or able to work, during this time, I have kept current on my child support and obligation to my daughter who currently lives with her father in Illinois. (I reside in South Carolina) She turned 18 this past month and per the court order, my child support obligation is over. However, it still have a balance of an arrearage (6000$). Can I ask for a modification on this, with the basis being I'm still paying my regular payments over the past 20 months, even though I've been disabled and unemployed?
1 ANSWER
Her turning 18 does not necessarily mean your child support has ended, unless she has finished high school, so be careful. The law says, I believe, that your current level of support should remain in effect until your arrearage is paid off. Understand that your arrearage is accruing interest at 9% per annum, not an inexpensive cost. You can, of course, ask the court to modify the amount, but that could require you coming to IL and appearing before a judge. That could be more than once. That is an expense you must also consider.
Answered on Nov 27th, 2013 at 4:32 PM