QUESTION

What can I do about past due child support that has been stopped?

Asked on Jul 24th, 2015 on Family Law - Illinois
More details to this question:
I have been out of work for a long time but I have been in my kid's lives and neither of my kids mothers want back pay.
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1 ANSWER

Divorce Attorney serving Des Plaines, IL at Law Office of Sven M. Sommers
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Hello, Anonymous. If there is an existing support order, you are still obligated to pay it and follow the orders of the Court, regardless of what the mothers say in terms of enforcing it or not. Child support is seen by the courts as being for the benefit of the child, so it is not something that a parent can refuse or terminate on his/her own. So it is possible that the Judge could always enforce the back pay even if the mothers do not. Additionally, if one of the mothers were to change her mind, she could always seek the back pay even if she's refused it all these years. What could be done, however, is to enter a new support order that sets the arrearage at $0, so this would be possible way to enforce the current sentiments of not seeking back pay. Of course, it is up to the Judge in the end, and it is not always certain if the Judge would allow it. I hope this helps.
Answered on Jul 28th, 2015 at 1:38 PM

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