The parties entered into two agreed orders. They modified husband’s child support obligation. The orders did not address the issues of the child support arrearages and interest to be paid on the arrearages.

Wife later went to court to collect the arrearages and interest. The Court did not give her interest. The Court stated that an award of interest was discretionary to the Judge. Wife appealed.

Husband argued that the orders intended to “address and finalize” all issues pertaining to the child support modification. The fact that they were silent on the issue of interest showed the parties’ intent to not have an interest award.

The Appellate Court stated that mere silence on the issue is not enough. If a party intends to waive its statutory right, a provision stating such should be included in the agreement.

Also, the Marriage Act required that interest be paid on orders for child support. It was no longer discretionary on the Judge’s part.

The agreed orders at issue did not contain an explicit waiver by wife of her right to statutory interest. The trial court made a mistake in failing to award interest on the arrearages. The case was returned to the trial court to determine the proper amount of interest.

IRMO Kolessar, 2012 Il App (1st) 102448

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