Urbana, IL asked in Family Law and Child Support for Illinois

Q: My husband has overpaid his child support

Court ordered support has been withdrawn from paycheck in IL for child residing in OR. IL says he has overpaid around $3200. Oregon says arrears of the same amount and we cannot get anyone to speak with. Just received notice that his stimulus check was kept to put towards arrears. What is suggested course of action to resolve?

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2 Lawyer Answers
Cheryl Powell
Cheryl Powell
Answered
  • Mt Vernon, IL
  • Licensed in Illinois

A: The answer is to go back to the court orders:

$50/wk from x to x

$25/wk from x to x

Make a list. Go to the perpetual calendar if dealing with weeks. Compare the required payments to the payments made. If arrearages are already calculated at one time, go back to that order and just move forward from there.

Or hire a lawyer to do it. Do your own analysis, see what you think. AFTER going through your analysis to form an EDUCATED AND LOGICAL opinion, it is a numbers game folks, and THEN if you believe he has overpaid, you need an Illinois lawyer to deal with it. Oh, and by the way, interest accrual needs to be calculated too.

Without a lawyer who does this for a living or an accountant, etc., it is almost impossible for folks to figure this out.

Cheryl Powell
Cheryl Powell
Answered
  • Mt Vernon, IL
  • Licensed in Illinois

A: The answer is to go back to the court orders, (which state are they in):

$50/wk from x to x

$25/wk from x to x

Make a list. Go to the perpetual calendar if dealing with weeks. Compare the required payments to the payments made. If arrearages are already calculated at one time, go back to that order and just move forward from there.

Or hire a lawyer to do it. Do your own analysis, see what you think. AFTER going through your analysis to form an EDUCATED AND LOGICAL opinion, it is a numbers game folks, and THEN if you believe he has overpaid, you need a lawyer in the state that set the child support order to deal with it. Oh, and by the way, interest accrual needs to be calculated too.

Without a lawyer who does this for a living or an accountant, etc., it is almost impossible for folks to figure this out.

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