Legal Question in Family Law in Illinois

I'm a divorced man in IL. I have joint legal custody and pay child support weekly. I'm in construction and my work is not steady. When I'm not working but collecting unemployment benefits my support was set at $82 a week. When I returned to work I resumed paying 28% of my net income which generally came out to be $312. Since the court order stated I was to pay $82 a week when I did this the clerks office recorded $230 per week as overpaid. Now there is a credit to my account in excess of $4700. However, my former spouse and her lawyer are claiming I'm in arrears by over $5000.

WHAT IS THE LAW HERE? Does the most recent court order hold precedence ? If not, how far back in the cases history can apposing council go to recover arrearages?


Asked on 12/02/12, 9:41 am

1 Answer from Attorneys
Donald Boyd The Boyd Law Firm, P.C.

You must comply with the terms set forth in the court order, and it appears that you have done so. Consult the order itself to determine what you were required to do. It seems as if this could be resolved rather quickly simply by referring to the order itself.

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Answered on 12/04/12, 12:25 pm


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