Document Type
Article
Media Type
text
Publication Title
Northern Illinois University Law Review
Abstract
What happens when a 2012 agreed order, which dismisses a 2009 paternity finding, waives child support, and sets no parenting time, is challenged as void twelve years later and now Mother says Father has a $63,219.60 arrearage? My client, the Father and payor of support, was facing just that scenario. It is common knowledge that an out of court agreement to modify/terminate child support is not enforceable unless it is reduced to writing and approved by the courts. However, a party to a litigation should be allowed to rely on the orders the court enters. Father has every right to believe that he didn’t have any rights, nor did he have a child support obligation. The trial court here correctly ruled in this matter; however, the risk to Father was extreme. How should equitable estoppel apply to Illinois child support cases? How would the law apply if we came back two to three years later? Or five? The judge noted that far too much time had passed. My opposing counsel’s arguments weren’t completely off base either. As such, I’d like to try to clear this issue up.
First Page
222
Last Page
244
Publication Date
Spring 5-1-2026
Department
College of Law
Recommended Citation
Pirtle, Julie M.
(2026)
"Void, Voidable, and the Limits of Finality: Reconciling Equity and Public Policy in Illinois Child Support Orders,"
Northern Illinois University Law Review: Vol. 46:
Iss.
2, Article 4.
Suggested Citation
Julie M. Pirtle, Void, Voidable, and the Limits of Finality: Reconciling Equity and Public Policy in Illinois Child Support Orders, 46 N. Ill. Univ. L. Rev. 222 (2026).
