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Illinois family law attorney, MKFM Law, child support interest, statutory interest rate, unpaid child support, pay child support, child support modification, child support advice, child support paymentsWhen 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.

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From our law office in Wheaton, IL the family law and civil litigation law attorneys of Mirabella, Kincaid, Frederick and Mirabella, represent businesses and individual clients throughout the western suburbs of Chicago, Illinois including Wheaton, Naperville, Oak Brook, Glen Ellyn, Carol Stream, Lombard, Downers Grove, Burr Ridge, Lisle, Elmhurst, Oakbrook Terrace, Winfield, Woodridge, Warrenville and throughout DuPage, Kane and Kendall Counties.

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