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I have a credit balance on my court ordered child support obligation. Can I halt payments until the credit is used up?

I have been paying child support through the State of ILLINOIS for many years. I currently have a positive balance or credit in excess of $1K. I have recently experienced some issues which have created a negative effect on my cash flow. I would like to (temporarily) halt my child support payments until my credit is used up. The State of Illinois says they can not give legal advice when this question is posed to them.

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Asked in Rockford, IL | Dec 9, 2013 | 2 answers
Answer
Paul Matthew Marriett
Paul Matthew Marriett
Personal Injury Lawyer in Rockford, IL
4.953488372093 stars
86 reviews
Rating: 10
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View Phone Number (815) 391-0089
View Number (815) 391-0089
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Posted on Dec 12, 2013

A motion to modify support is needed. Most people wait after something knocks their income down to go to court and get it temporarily reduced. A motion, financial affidavit , and an appearance by you or your attorney is all that you need to do.

This message does not constitute legal advice, nor does it form the basis for an attorney client relationship. Paul M. Marriett is licensed to practice law in Illinois and Florida, and due to various changes in the law this message may not be up to date with current statutory requirements.

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Paul Matthew Marriett

Paul Matthew Marriett

Personal Injury Lawyer in Rockford, IL
Posted on Dec 12, 2013

SDU doesn't do well trying to run off balances from credit to current payments. You may want to consider having an attorney look at the witholding if you're accruing a surplus.

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Judy A. Goldstein
Judy A. Goldstein
Divorce / Separation Lawyer in Mokena (Will County), IL
4.4782608695652 stars
46 reviews
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View Phone Number (708) 479-9910
View Number (708) 479-9910
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Posted on Dec 9, 2013

Do not simply stop payment on your child support. Go to court and get the credit handled with a properly entered court order.

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