Anderson & Boback Logo

Collecting Past Due Child Support

Categorized as Child Support

An issue that often arises after the parties have been divorced is past due child support. Oftentimes, the party obligated to pay support will fall behind on their payments. In order to collect, the party owed support must bring the case back to court. This can be a costly procedure, which is why some parties will wait to bring their case back to court. However, what happens if the party waits to collect on past due child support? Will the party waive their right to collect on the past due support?

This may surprise some people, but past due child support can be collected at any time – even after the child becomes an adult. Prior to 1997, the law stated that a party to collect their past due support within twenty years of the time it was due. If the party waited over twenty years to collect the past due child support, then they waived their right to collect. However, on July 1, 1997, Section 12-108 of the Illinois Code of Civil Procedure was enacted. Section 12-108 of the Illinois Code of Civil Procedure provides that “Child support judgments, including those arising by operation of law, may be enforced at any time.” What this means is, a party owed past due child support can collect that support even if they wait over twenty years to collect. In fact, some courts have awarded past due child support twenty-six years after the child support was owed.

Anderson & Boback is involved in a case where the party owing support failed to pay our client child support for over forty years. This case is currently before the First District Appellate Court to determine whether our client may collect this past due support despite the forty year lapse in time. Janice L. Boback will argue this matter before the First District Appellate Court on November 14, 2013. If you feel you are owed past due child support, feel free to contact our office for a consultation.

Was this information helpful?

You May Also Like

Wonder if your spousal maintenance is modifiable? This question was addressed in Scarp v. Rahman when the father in the case of sought to modify his maintenance obligation.  The trial court would not allow the modification so he sought an…

Birthdays are a big deal to kids - they usually get a party with their friends with cake, balloons, presents, and if they are lucky, a ball pit to jump into at Chucky Cheese! The day is all about them.…

Our firm represents a lot of military families and for the most part, handling a military divorce is just like any other divorce.  There are specific rules that need to be followed, however, and those parents in the military facing…

Changes to Spousal Maintenance Law in Illinois In 2019, a significant change in the tax code was made regarding maintenance, which resulted in spousal maintenance (formerly known as “alimony”, also known as “spousal support”) being tax-free to the recipient and…

Illinois has modified its statutes wherein parents are now allocated “parental responsibilities” and “parenting time” instead of “custody”.  The purpose of these changes was to try and give the parents less to fight over.  You can win “custody” but winning…

For Illinois parents that are no longer together or facing divorce, understanding the basics of child custody law is important. First, the term “custody” no longer exists in Illinois. The State of Illinois changed its laws regarding custody in 2016,…

Anderson & Boback small logo

Download our Divorce Planning Guide today!

Get the information you need to prepare for divorce with our free resource Guide to Planning for Your Divorce.

What our clients are saying

Schedule a Discreet Consultation Today!

    Firm Overview

    Anderson & Boback is a highly-respected, experienced Chicago family law firm, skilled in negotiation and litigation. When divorce and other family law issues make your life chaotic and uncertain, you want your case resolved as quickly and fairly as possible. Call Now 312-715-0870