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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 116713
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My husband spend 9 years in jail. When he was away he didn't

Customer Question

My husband spend 9 years in jail. When he was away he didn't take care of the freezing of his child support for his son. When he got out his ex sue him for those arrears. He owed $40000+ in back child support. Since 2013 he is paying $500/month.
The debt is not diminishing because it has crazy interest.
For the past 6 months we have been trying to find an agreement with his ex but for a stupid reason everything went down and we are back to square one.
We would be able to pay for the capital which is owe but not for the all amount with the interests.
If we go in front of the court with the total amount due, do you think the judge can void the interests?
We are in Illinois
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
My question was not clear- we are able to pay what is owe to his ex but not what is owe + interest. Can the court void the interest?
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

I am afraid that while the court has the power to vacate interest, incarceration is not a justification for waiving arrears interest. The court generally will only waive interest in the case of health issues preventing payment, but the courts do not have much sympathy on people who could not pay due to incarceration and not filing the motion to freeze the payments. This would be a very hard sell to the court if the other parent is not agreeing to freezing the arrears I am sorry to say and the courts rarely do so.