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What is the law in Illinois concerning overpayment of child support in Illinois?

Chicago, IL |

Can the NCP voluntarily over pay for few years, then decide to not pay the full amount the next few?

"Illinois courts have adopted the general rule that no credit shall be given for any voluntary overpayment of child support, even if the overpayment was made because the party was under the mistaken belief that the payment was legally required. ( Harner v Harner (1982), 105 Ill. App. 3d 430) The rationale for this rule is that such a credit would be tantamount to allowing one party to unilaterally modify the divorce decree and could result in a future deprivation.

Attorney Answers 1


If you are ordered to pay a certain amount in child support, and you fail to pay that amount, you can certainly be taken to court for underpayment (or through Illinois child support enforcement - I'm not sure about your individual circumstances).

Working this out with the custodial parent would be much better than simply deciding yourself how much child support you owe. I recommend consulting with an attorney to determine the right way to go about this given your circumstances.

This post is for informational purposes only. This post should not be construed as legal advice or as having created an attorney/client relationship. For specific legal advice, you should consult with a qualified, licensed attorney in your jurisdiction.

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