The Court refused to offset the father’s unallocated maintenance and child support arrearage by the amount he allegedly paid to third parties for the mother’s benefit. The support order was not modifiable by the father alone. The court refused to order mother to reimburse father for monies he had paid to third parties for her. Father appealed.
The proof of an enforceable promissory note could have no bearing or effect on the outcome of an action to enforce delinquent support payments. It is the parent’s basic responsibility to provide for the support of his or her children. Public policy dictates that amounts payable as child support take precedence over and are not subject to any personal obligation between the parents.
The trial court order denied father the right to credit the note against the arrearage in child support. This is not a bar to a subsequent action for recovery on the note to be pursued by father against mother.
Schmitt v. Woods, 73 Ill.App.3d 498.