In affirming the trial court's judgment, the Second District Appellate Court said: Laches is an equitable doctrine that precludes the assertion of a claim by a litigant whose unreasonable delay in raising that claim has prejudiced the opposing party. All Rights Reserved. , 364 Ill.App.3d 582, 847 N.E.2d 141 (2d Dist., 2006). According to Michigan’s statutes, a parent may be charged with a felony for nonpayment of child support if the parent is willfully withholding support payments. If a child support order already exists and child support is owed by the noncustodial parent then Illinois law states a delinquency exists. 5. If your state is willing to work with you, you’ll probably have to present a great deal of proof explaining why you haven't paid child support and establishing that you can't catch up. The moral of the story here is: always pay something against back child support. 735 ILCS 5/12-108(a). Who Gets The House After An Illinois Divorce? Child support judgments, including those arising by operation of law, may be enforced at any time. The State then provides taxpayer-funded assistance to the mother and goes after the father to recoup those funds. Petition for “Equitable Forgiveness.” Although you cannot ask the Court to modify child support retroactively, the Court can excuse back child support in situations where the child was actually living with you during the time period that the back child support was accumulating. No Statute of Limitations -- The Saputo Doctirine:  A little background:  Illinois law limits enforcement of all judgments to 7 years. If your wage garnishment is causing you and your family financial hardship, there is a chance you can reduce your child support payments. Depending on your state, there can be consequences for delinquent child support. That accounting will also include the interest owed on past due support. Kramer, 253 Ill.App.3d at 933, 192 Ill.Dec. The Administrative System: The Illinois Department of Healthcare and Family Services (HFS) has a division called the Division of Child Support Services (DCSS). In determining whether and to what extent the payments shall be made for the prior period,” 750 ILCS 46/802. To waive interest, you will have to petition to waive the interest on your back child support. You cannot argue that the recipient shouldn't be able to collect because the recipient didn't keep good enough records. Stop or reduce the child support payments that the paying parent may have to make in the future. A "revival" must be commenced within 20 years of the judgment's rendering. The DCSS operates a free website and an 800 number where single parents can go/call to "put the other parent on child support." To lower child support payments you and the custodial parent must agree to the change or have a judge order the change. But a parent must bring this up in order to change the amount of back child support. The obligor (the one paying child support) is responsible for maintaining proof of payment. The party citing laches as a defense to a claim must prove two elements: (1) lack of diligence by the party asserting the claim and (2) injury or prejudice to the opposing party resulting from the delay. 3d 399 (2004). Which Legal System? Completing the CAPTCHA proves you are a human and gives you temporary access to the web property. Back Child Support When The Parents Are Not Married. If you are on a personal connection, like at home, you can run an anti-virus scan on your device to make sure it is not infected with malware. Although back child support is one debt you can't discharge in bankruptcy, ... most states allow you to file a petition for equitable forgiveness if you didn't pay child support because the child actually was living with you during a portion of the time you were supposed to be paying child support … . If your child lived with you for a period that the back pay is referencing, the judge may lessen the child support amount. Burden of Proof for Arrearage:  An obligor fighting an arrearage claim on the defense that he has (partly) paid the obligation bears the burden of proving the extent of all payments. What If I Get Behind On My Past Due Child Support? It might even help you negotiate with your state for a waiver if it’s apparent that you’ve done all you could to adjust your child support order so you can resume paying it. In exchange for the public assistance, she must identify the father and assign to the State her rights to collect child support.

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