Legal Question in Family Law in Illinois
Child Support and Workman's Comp
My ex-husband is currently in excess of $7000 behind in his child support payments. He is now filing for a court motion to lower his support payments due to an on-the-job injury. Should he have to pay the arrears prior to any lowering of payment? Were payments supposed to have been deducted from his workman's comp allocations? Are there any kind of legal ramifications due to his flagrant disregard to stay current?
2 Answers from Attorneys
Re: Child Support and Workman's Comp
His support payments can be lowered regardless of the arrearage. That doesn�t mean he is not responsible for paying the arrearage, just that it is not a predicate to reducing ongoing support payments (to reflect his ability to pay).
There are many legal ramifications for being delinquent in child support. See a lawyer regarding the particularities of your case.
Re: Child Support and Workman's Comp
He is still responsible for the arrears and there are ramifications for not paying child support. He can lower his payments if his income has been reduced.
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