Never Too Late to Collect IL Child Support, Marriage of Davenport, 388 Ill. App. 3d 988 (2009)

February 20, 2012

875413_balance.jpg The Illinois Appellate Court has ruled that 26 years is not too late to collect a past due order for child support from an ex-husband who failed to pay about $26,000.00 to his ex-wife. When the ex-wife returned to court to pursue the back support, the child was 44 years old.

The ex-husband claimed that trying to collect the money from him after 26 years was not fair because too much time had passed. The court did not agree and the ex-wife collected her money from the sale of his recently inherited family property.

Are you owed unpaid child support and/or maintenance (formerly called, "alimony") from an Illinois divorce or parentage case? Illinois family law requires that the unpaid amount incur 9% interest per year. This can add up to a substantial sum. Your ex could also be required to pay your attorneys' fees and costs, too.

Get out your court papers if you believe you are owed money. You need to have a court order which granted you child support and/or maintenance. If you cannot find the paperwork, then you can order it from the court where your case was heard. The file may have to be ordered from the court warehouse if the case is not active. You will need to have the case number and the names of the parties. If you do not have the case number, the personnel in the office of the Clerk of the Court may be able to find it for you. It is possible that you can find it online in the court records. Many courts are now computerized whle others are just beginning to go digital.

Contact us now for a consultation. Have your court papers ready to bring for us to review.