Payment to Clerk

IMDMA §§709 – 712 deal with the payment of support to the clerk of the court, which is mandatory in certain circumstances. In Cook County and other counties participating in the mandatory child support program, for example, all persons who are receiving or requesting pub assistance grants (public aid) must have their support payments ordered paid through the clerk of the court. In re Marriage of Piktel, 81 Ill.App.3d 567, 401 N.E.2d 584, 36 Ill.Dec. 743 (2d Dist. 1980).

Using the clerk of the court as a conduit for child support payment may also be warranted in those situations in which the payor is habitually late, habitually refuses to pay even after enforcement proceedings, or habitually defends enforcement by arguing “the check got lost in the mail.” Payment to the clerk should yield a clear and precise record of the payment and receipt of child support payments. It thus saves both the practitioner and the court a great deal of time in computing arrearages and can also save the client attorneys’ fees.

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