Legal Question in Family Law in Illinois

child support payment automatically go towards arrearages?

Hello, My husband went through a divorce 10 years ago and it was determined that he had to pay for his ex wife's college and lawyers fees, which became a $35,000 arrearage, and that he had to pay child support until the kids turned 18 or finished high school, whichever came last. They are graduating in a month. If he keeps paying the same amount will the money automatically go towards the arrearages or does he have to officially go back to court and stop the child support even though the decree specifically states that it ends now? This will really make a big difference in what we decide to do right now financially, so any input will help. Thank you.


Asked on 4/24/06, 1:55 pm

1 Answer from Attorneys
Zedrick Braden III Ainsworth & Associates PC

Re: child support payment automatically go towards arrearages?

Hello. In my opinion your husband should hire an

attorney and go back into divorce court to stop

child support. The legal term is (to abate)

child support since the children have reached the

age of majority. He will be taking a big risk

if he relies upon the order alone to protect his

rights. Too much happens in the court system and

sometimes the intent of the court gets lost in

red tape. Certainly he does not want a situation

to arise where he does not get credit for payments that he has made. Essentially, a court

order can continue in place with the same effect,

if it is not vacated. I am sure you may have some additional questions that I would be happy

to answer.

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Answered on 4/24/06, 3:17 pm


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