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#773815 - 07/11/17 09:59 PM Illinois Child Support interest?
RetiredVet Offline
recently joined

Registered: 07/11/17
Posts: 2
Trying to find a family law lawyer in Rock Island County, IL.

I live in Florida, and received a notice of garnishment a few days ago stating that I owe Illinois interest on a child support case that was closed by the state in August 2016 upon reaching emancipation.

Not provided any information on how this interest was calculated only told to refer to Public Act 098-0563 which became a law in 2013.

Not sure how laws are back dated? Or how the state can wait to inform me after they have begun a new garnishment 10 months after acknowledging closure. Meaning, this "interest" was never calculated into the court order prior to emancipation.

Also notified that this monthly payment which is greater than the original actual child support will accrue interest on top of the interest.

So in other words, if I don't pay one lump sum this will never end.

This is not arrears. There was an arrears total at one point that was satisfied in full back in 2006, 11 years ago.

Is it unreasonable to think that between 2013 and August 2016 was enough time to calculate any aledged interest or at a minimum inform me of it?

Finding a lawyer willing to assist has been like finding a needle in a haystack.


Edited by RetiredVet (07/11/17 10:00 PM)

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#773816 - 07/11/17 11:55 PM Re: Illinois Child Support interest? [Re: RetiredVet]
TJMH Online   content

enthusiast

Registered: 07/17/15
Posts: 339
You should be able to do a search online and find family law attorneys in the area. You'll need to assess three things:

1. How much are they asking for?

2. How much will it cost you in legal fees to fight this?

3. What are the odds that if you fight it you'll lose, and wind up paying both the legal fees and the back interest?

If the answers to #2 and #3 are "a lot" and "probably lose" you may as well just pay it and make it go away.

You should still be able to pay in installments though. The remaining balance will still accrue interest on interest, but as the balance gets lower the amount of additional interest will decrease. Eventually you should be able to get it down to a manageable final payment.

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