20 months passed from the child's birth till my x girlfriend filed a petition for support. 7 additional months went by, from the date of first filing for support/paternity, until case went to court a few times and DNA results were ordered, and then received, and a child support issue was ordered. She has reserved retro and we go back next month on that issue. If she were awarded all 27 months retro which = $3500 what is the maximum amount of time I will be given to repay this? Can I request that it be spread over the next 15 years? Are there certain time frames the Judge will try stay within? Case is in Chicago
Divorce / Separation Lawyer
Retroactivity is often ordered from the date of filing of the petition but in this case, there is no way of knowing for sure. Any arrearage will be ordered paid on a regular basis but it is not likely it will be spread out over 15 years. The most due - $3,500 according to you - is significant but not so huge that the judge will is likely to order $20 per month, which is how long it would take you to repay $3,500 over 25 years. Anything is possible, however. You really should consult with an attorney. Bring all your paperwork and have a private conversation with someone who is familiar with the particular courtroom and judge/hearing officer where your case is to be heard. If you are in the lower level of the Daley Center, yours could be a long and drawn out process.
usually the judge sets support and then an additional 20% of the amount of the support to pay the arrearage. the arrearage runs interest at 9%. you are best off paying it off as soon as you can.
15 years is a ridiculous amount of time. If you ask for that you will not get it. The court is not going to allow that. There is interest so pay it off ASAP. The mother needs the funds to raise the child. Do the right thing here and pay it off.
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