Arrearages

Arrearages

___In General
   750 ILCS 5/510 evidences the legislature’s intent to allow a court to adjust a marital settlement agreement by entering a qualified domestic relations order that ensures the equitable distribution of money in a retirement account which belongs to a spouse who has not met his or her support obligations under the settlement agreement to a spouse who has not been paid.  In re Marriage of Thomas

___Computation
   The trial court’s reliance on a retroactive application when computing support arrearage created error because trial court could not provide for reduction in father’s support payments.  In re Jobe

___Emancipation
   Although this section provides that the obligation to pay child support generally terminates upon emancipation, this does not mean that after emancipation the custodial parent is not entitled to child support arrearages.  In re Homan

___Waiver
   Although a court cannot reduce the amount owing on past-due installments of child support, in a proper case the court can give effect to an agreement by a party to waive the payments or accept a lesser amount.  Anderson v. Anderson

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