Legal Question in Family Law in Illinois

Interest on arrears child support

Original order issued in IL-modified once in 1993

CP and children now live somewhere in CO

I was out of work for 5 yrs and had some arrears during that time. CO intercepted tax refunds but IL did not know so accounting was muddled. All arrears has since been paid. I calculate a substantial overpayment.

I am still paying since I cannot prove childs HS graduation. Child is now OVER 19 and should be emancipated

Questions are:

How can I prove HS grad and end payments when I have no contact and do not know where they are? I was told by SDU official that I could not file a motion without proof

Am I subject to interest payments on arrears if it was not mentioned in court order?

How can I get the two states to reconcile-IL needs to accept amounts that CO has received? (this will lower accrued arrears and any subsequent interest charges)

If overpayment exists even after paying all interest, is there any provision for a refund of the excess to be paid to me?

Sorry to ask so much at once, but nobody seems to know. I have run out of my savings trying to live after garnishment of my wages while paying off this debt.

1 Answer from Attorneys

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