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Child support payments automatically go towards arrearages after child turns 18?

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kellygraf

Junior Member
What is the name of your state? Illinois

Hello, My husband went through a divorce 10 years ago and it was determined that he had to pay for his ex wife's college and lawyers fees, which became a $35,000 arrearage, and that he had to pay child support until the kids turned 18 or finished high school, whichever came last. They are graduating in a month. If he keeps paying the same amount will the money automatically go towards the arrearages or does he have to officially go back to court and stop the child support even though the decree specifically states that it ends now? This will really make a big difference in what we decide to do right now financially, so any input will help. Thank you.
 


seniorjudge

Senior Member
kellygraf said:
What is the name of your state? Illinois

Hello, My husband went through a divorce 10 years ago and it was determined that he had to pay for his ex wife's college and lawyers fees, which became a $35,000 arrearage, and that he had to pay child support until the kids turned 18 or finished high school, whichever came last. They are graduating in a month. If he keeps paying the same amount will the money automatically go towards the arrearages or does he have to officially go back to court and stop the child support even though the decree specifically states that it ends now? This will really make a big difference in what we decide to do right now financially, so any input will help. Thank you.
Q: If he keeps paying the same amount will the money automatically go towards the arrearages or does he have to officially go back to court and stop the child support even though the decree specifically states that it ends now?

A: Nothing is automatic. If he wants to set up a payment plan to pay off the judgment in the lawsuit, then he needs to make sure that it is okay with everyone involved and get a court order to that effect.
 

kellygraf

Junior Member
But he is already on a payment plan...

Thanks for your response. He is already on a payment plan. He has been paying roughly 425 a month for child support and roughly 125 a month for arrearages. If he continues paying the roughly 600 a month will it go towards the arrearage? The order specifically says that he stops paying support when the kids reach 18 or graduate high school. Nothing is said about college.
 

LdiJ

Senior Member
kellygraf said:
Thanks for your response. He is already on a payment plan. He has been paying roughly 425 a month for child support and roughly 125 a month for arrearages. If he continues paying the roughly 600 a month will it go towards the arrearage? The order specifically says that he stops paying support when the kids reach 18 or graduate high school. Nothing is said about college.
First, he has to petition the court to terminate child support. At the same time he can also petition to continue to pay 600.00 a month towards the arrearages (which I think is a very smart move financially...the sooner the arrearages are off his back the better).
 

kellygraf

Junior Member
Yes...they are twins

Yes, more than one child, they are twins. Thanks for the info. I think its a crock that he has to petition to modify an order that clearly states when it ends. Oh, our glorious legal system! Gotta love it!
 

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