Orland Park, IL asked in Child Support and Divorce for Illinois

Q: Child support question

I got divorced in September of 2019 there was no previous court order that required my ex to true up for his secondary employment. I was told by my attorney that he only has to true up from the date of the divorce until the end of the year. Nothing about retro pay is mentioned in our MSA. MSA only says that he has to "true up for additional income earned in the previous year by January 15th of the following year". So is this first year after divorce prorated from the date of filing?

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2 Lawyer Answers
James G. Ahlberg
James G. Ahlberg
Answered
  • Rochelle, IL
  • Licensed in Illinois

A: Rather than being pro-rated it is likely to be based on income earned from the date of the divorce through December 31. Your best bet is to ask the lawyer who represented you in your case, since he or she will be familiar with the terms of your MSA and their interpretation.

J. Richard Kulerski Esq.
J. Richard Kulerski Esq.
Answered
  • Oak Brook Terrace, IL
  • Licensed in Illinois

A: The true-up has nothing to do with the date of filing. It's based upon what he earned in the previous year, which in your case is 2019. Your lawyer is not incorrect, but he/she is not necessarily correct. It depends on how you look at it, how your Judgment reads, and on whether your ex got a bonus or a significicant bonus between September and the end of the year.

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