When child support is ordered in Illinois, the order for support must be complied with until modified or the child support obligation terminates. However, not every parent who is ordered to pay child support complies. As a result, the parent will owe back child support, known as child support arrearages. Under Illinois law, mandatory interest is charged on unpaid child support arrearages. Due to the mandatory interest, when a parent is unable to keep up with the payments, it is important to seek a modification of the original child support order. A petition seeking a modification allows a judge the discretion to recalculate the amount of support the parent is obligated to pay retroactive to the date of filing the motion. However, if a support paying parent does not seek a modification, the child support payments are still owed and the balances will draw interest.
How the Interest is Calculated
The statutory interest rate for unpaid child support arrearages is 9 percent simple interest per year. Interest is calculated per month as the payments become overdue. This means that you can calculate the balance owed at the end of the month, by multiplying the unpaid child support by 9 percent and dividing by 12 to get the monthly interest amount owed for that month. If the parent ordered to pay child support has missed more than one payment, calculating the total amount owed in support, including interest, can get more complicated. Therefore, it is beneficial to consult an attorney who can help determine the total amount owed plus interest.
Contact an Attorney
If you owe child support and are worried about how much child support interest has accumulated, contact an Illinois family law attorney at MKFM Law for a consultation. If you are behind on payments due to changed financial circumstances, depending on the facts of your case, we may be able to help you structure your support payments so they are manageable.
