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12-109.Interest on judgments.

Article XII. Judgments - Enforcement · Part 1. In General · Last amended 2019 · Last verified July 20, 2026

In one sentenceIllinois judgments accrue interest at the rate set by Section 2-1303, except child support judgments, which accrue interest monthly at one-twelfth of that rate applied to the unpaid balance.

Full Text of 735 ILCS 5/12-109

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(a) Every judgment except those arising by operation of law from child support orders shall bear interest thereon as provided in Section 2-1303. (b) Every judgment arising by operation of law from a child support order shall bear interest as provided in this subsection. The interest on judgments arising by operation of law from child support orders shall be calculated by applying one-twelfth of the current statutory interest rate as provided in Section 2-1303 to the unpaid child support balance as of the end of each calendar month. The unpaid child support balance at the end of the month is the total amount of child support ordered, excluding the child support that was due for that month to the extent that it was not paid in that month and including judgments for retroactive child support, less all payments received and applied as set forth in this subsection. The accrued interest shall not be included in the unpaid child support balance when calculating interest at the end of the month. The unpaid child support balance as of the end of each month shall be determined by calculating the current monthly child support obligation and applying all payments received for that month, except federal income tax refund intercepts, first to the current monthly child support obligation and then applying any payments in excess of the current monthly child support obligation to the unpaid child support balance owed from previous months. The current monthly child support obligation shall be determined from the document that established the support obligation. Federal income tax refund intercepts and any payments in excess of the current monthly child support obligation shall be applied to the unpaid child support balance. Any payments in excess of the current monthly child support obligation and the unpaid child support balance shall be applied to the accrued interest on the unpaid child support balance. Interest on child support obligations may be collected by any means available under federal and State law, rules, and regulations providing for the collection of child support.

Plain-English Summary

Subsection (a) doesn't set its own numeric rate. It instead points every judgment except those arising by operation of law from child support orders to the interest rate fixed in Section 2-1303. That cross-reference is the whole rule for ordinary money judgments.

Child support judgments arising by operation of law follow a different, more detailed formula in subsection (b). Interest accrues monthly, calculated by applying one-twelfth of the current statutory rate under Section 2-1303 to the unpaid child support balance as of the end of each calendar month. That balance is the total support ordered, including judgments for retroactive support, minus payments received and applied, and it excludes both that month's own unpaid amount and any interest already accrued.

The section also fixes the order in which payments get applied: regular payments go first to the current month's obligation, then any excess goes to the unpaid balance from earlier months. Federal tax refund intercepts skip that first step entirely and are applied directly to the unpaid balance instead. Only after the unpaid balance is satisfied does a payment reach the accrued interest. Because the numeric rate itself lives in Section 2-1303 rather than here, anyone checking the actual percentage needs to look at that section directly.

Frequently Asked Questions

What interest rate applies to a money judgment in Illinois?

The rate set in Section 2-1303. Section 12-109 doesn't state its own percentage; it incorporates the 2-1303 rate by reference for every judgment except those arising by operation of law from child support orders.

Do child support judgments accrue interest differently from other judgments?

Yes. Interest on a child support judgment arising by operation of law is calculated monthly, at one-twelfth of the current Section 2-1303 rate, applied to the unpaid balance at the end of each month.

How is the monthly unpaid child support balance calculated?

It's the total support ordered, including retroactive support judgments, minus payments received and applied, excluding that month's own unpaid amount and excluding interest already accrued.

Where do child support payments get applied first under this section?

To the current month's obligation first, then any excess to the unpaid balance from earlier months, and only after that to accrued interest.

Are federal tax refund intercepts applied differently than regular payments?

Intercepts, along with any payment beyond the current month's obligation, are applied to the unpaid balance before reaching accrued interest.

Amendment History

(Source: P.A. 101-336, eff. 8-9-19.)

Source & verification. Section text and amendment history are reproduced verbatim from the Illinois Compiled Statutes, published by the Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026. · Official source
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