Legal Question in Family Law in Illinois

I live in Illinois. About 5 years ago I was taken to court for child support. I had previously been paying cash every week to my sons mother for a number of years, but never kept documentation. The court put a judgment on me for $15,000, as my child's mother said I never paid the entire time. The interest on that large of an amount is more than my monthly payment, and the balance keeps on increasing, even though the money come directly out of my check and goes to her. The recently suspended my drivers license because of the outstanding balance. Is there anything I can do? Also, is it possibly for his mother to go to court and tell the judge to somehow "write-off" the balance if we make a new agreement in private between just us two, if I could get her to agree on an arrangement?


Asked on 12/11/15, 6:44 pm

1 Answer from Attorneys
Jonathan Shimberg Shimberg and Crohn, P.C.

The law is clear in this area. If there was a court order to pay and you paid cash, and the mother denies receipt, or if the money was due the state and not the mother, you owe the money. Any money you owe earns 9% interest on the balance. If you owe the money to the state, they will NEVER reduce the balance. If the mother already lied about the amount you paid, why would she wipe out the balance? w would she agree to anything in private unless you attempted to force her to do so. Be very careful. You have no power to negotiate with. She has the control.

Read more
Answered on 12/12/15, 4:52 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Illinois