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Illinois Statute of limitations on Back Child Support

Illinois Statute of limitations...

Illinois Statute of limitations on Back Child Support Payments Arrears No statute of limitation after 7/1/97, the law limited enforcement of past-due child support judgements to 20 years. Therefore, any judgements that expired prior to07/01/97 may not be enforced under 735 ILCS 5/12-108. If child support judgement ended May 1996 does this apply?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Illinois

Lawyer's Assistant: Has anything been filed or reported?

Yes

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Answered in 2 hours by:
1/6/2018
JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 34,389
Experience: Began practicing Family Law in 1992
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Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

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Please allow me several minutes to read your facts and type my response both initially and when you add a follow up question or add facts. Please don't ask "are you there", "where is my answer", etc., since when you post it can erase what I am working on. If we are having a conversation unless I tell you I am going offline, I will be here but I may be doing research.

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When you state the "child support judgment ended May 1996", do you mean that was the last date on which you had to pay ongoing child support or do you mean that your last day to pay child support was before that date and that was the 20th anniversary of the judgment for arrearages being entered?

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Customer reply replied 4 months ago
May 1996 would be when my son graduated from high school age 18 so 20 years anniversary would be 2016. But the way I read the change of law would be prior 1997 My child support ended May 1996 before law was changed

No, your reading of the law is incorrect. WHat the language means is that when the child support payment obligation is over, if there are any arrearages owed those arrearages must be pursued within twenty years IF the obligation to pay ended before 7/1/97. Any obligations ending after that date had no statute of limitations.

So, since your obligation ended to pay ended May, 1996, then a lawsuit for arrearages could only be brought within 20 years, or, under your facts, through May, 2016.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Also please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

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Customer reply replied 4 months ago
I have been paying but no lawsuit was so does that mean after May 1996 I am no longer obligated to pay?
Customer reply replied 4 months ago
there was no lawsuit brought against me just a order to keep paying

That is where it becomes trickier and I don't see where there have been any court cases on this issue yet.

If there is 1) an order to keep paying or 2) you have kept paying then they will have an argument that the statute of limitations doesn't start to run until you stop.

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Customer reply replied 4 months ago
I would most likely have to take it to court?

They would if you quit paying and they sued you.

In theory you could file for a Declaratory Judgment, but there is really no reason to do so now. It will cost about the same and many people never file for past due child support.

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Customer reply replied 4 months ago
When I stopped paying in 1996 Illinois threaten to take my drivers license so I started paying again My son lived with me half the time during child support and I didn't think it would come to this

Unfortunately, the full amount of the child support continues unless another court order is entered. The best route for you would have been to go to court and get the child support changed when your son began living with you. If you didn't, then it is too late now to do anything about it.

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The court can only change it retroactively back to the date the Motion to Modify is filed.

JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 34,389
Experience: Began practicing Family Law in 1992
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JD 1992 and 87 other Family Law Specialists are ready to help you
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Customer reply replied 4 months ago
Thank You
Customer reply replied 4 months ago
Should I file a motion to modify it

I'm really not comfortable, and we're not allowed, to tell someone what they should do as far as if they should file, specific language, etc. It depends on exactly what has been filed before this, the specific language of the orders, the judge who would be hearing the case, and many other factors. If you're thinking about challenging it then you should visit with a local lawyer and get their impressions on the specific judge. You will likely want to hire a lawyer to help you because your objection based on the statute of limitations will be a technical one and will require a lot of research.

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Customer reply replied 4 months ago
Thank You this helped

You're very welcome and I do wish you the best!

Thank you very much for allowing me to assist you. While the answers I give can't always be "good news", since the law can't always be favorable to everyone, I do strive to be as accurate as possible and to answer any follow up questions to the best of my ability.

You may receive a survey of some kind in the next day or so regarding your experience here at JustAnswer. Please be advised that I am responsible for the content of my answers but not with the issues of website performance or anything other than the answer. I hope that you will consider issuing a Positive Rating regarding my service to you so that I can continue helping others.

If I can ever provide assistance to you in the future please feel free to ask for me by starting your new question with "FOR DWAYNE B ONLY" and I will pick up as soon as I see the question.

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JD 1992
JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 34,389
34,389 Satisfied Customers
Experience: Began practicing Family Law in 1992

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