my husband is ordered to pay $70.00 week. he pays $95.00 a week due to increase in his income over the years. His ex has never had this court ordered and we are in illinois. Is he ahead by the court order on his child support?? the $70.00 a week c.s. is court ordered

I don't know about your state, but, in ohio, it counts as an overage. When my ex and I went 50/50 custody from every other weekend, they credited him with child support from the time the petition was filed. So they consider that he is actually ahead on his child support payments by 1200. I have to make sure the order ends about 3 1/2 months before our last child turns 18 or I will then have to pay him back anything his employer witheld that was "extra".

Now for some conflicting information: (cause he happened to be here as I was responding to this post)

My ex says that as long as he is paying of his own accord (not being withheld by the employer), it may be considered a gift. Unless he trys to pull something in court. (check stubs saying on the memo line Child Support).

Bottom line, get a court order for this amount if you can if it won't piss him off. Otherwise be happy and just accept the "gift". (You have one of the rare ones who want to "play fair".)

Not sure if it is mandated by state but you may need to read the details of your divorce decree. My boyfriends decree specifically states that any support amount over what is ordered is considered a gift to the child or is in addition to the set court ordered amount. Otherwise, no reimbursement and no getting off sooner for good behavior. Not that he would care but it is written in his docs.

I Was Under The Understanding That It Is A Credit! In My Case When My Ex Did Not Pay And Then I Receive A Lump Sum It Was Credited To Current Support So Then I Could Not Take Him Back To Court For Back Child Support Because The Lump Sum Money Went To Current Support So My Papers Said That He Has Paid For 3 Months Ahead. But You Can Call The Help Line 1-800-447-4278 And Ask Them!