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Illinois Compiled Statutes

735 ILCS 5/12-109 (2026)

Interest on judgments

✓ current as of May 2026
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(735 ILCS 5/12-109) (from Ch. 110, par. 12-109)
    Sec. 12-109. Interest on judgments.
    (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.
(Source: P.A. 101-336, eff. 8-9-19.)

    
Notes of Decisions
Cited in 17 cases (5 in the last 5 years), 1995–2025 · leading case: Burwell v. Burwell, 753 N.E.2d 1259 (Ill. App. Ct. 2001).
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Burwell v. Burwell, 753 N.E.2d 1259 (Ill. App. Ct. 2001). · cites it 8× “Bonnie appeals, arguing that the trial court erred by not awarding prejudgment interest in accordance with section 12-109 of the Code of Civil Procedure (Code) (735 ILCS 5/12-109 (West 1998)). We reverse and remand.”
In Re Marriage of Carrier, 773 N.E.2d 657 (Ill. App. Ct. 2002). · cites it 2× “See 735 ILCS 5/12-109 (West 2000). Moreover, we note that our reasoning in Sloane has been rejected by the Illinois Appellate Court, First District.”
Busey Bank v. Salyards, 711 N.E.2d 10 (Ill. App. Ct. 1999). “Interest may be awarded on every judgment, except those arising by operation of law from child support orders, at a rate set in section 2-1303 of the Code of Civil Procedure (735 ILCS 5/12-109, 2-1303 (West 1996)). Farmers Merchants does not argue that the trial court…”
Solow v. Nw. Airlines, Inc. (In Re Midway Airlines, Inc.), 180 B.R. 851 (Bankr. N.D. Ill. 1995). “See 735 ILCS 5/12-109 (“Every judgment ... shall bear interest thereon as provided in Section 2-1303.”
Preston v. Indus. Com'n of Illinois, 773 N.E.2d 1183 (Ill. App. Ct. 2002). “Section 19(g) is a method for enforcing a Commission decision or arbitrator's award alternative to sections 19( l ), 19(k), and 16.”
In re Marriage of Kolessar, 2012 IL App (1st) 102448 (Ill. App. Ct. 2012). “” 735 ILCS 5/12-109 (West 2006). In stating that unpaid child support payments “shall” be deemed judgments and that these judgments “shall” bear interest, the amendments indicate a “mandatory requirement.”
In Re Marriage of Kolessar & Signore, 964 N.E.2d 1166 (Ill. App. Ct. 2012). “Public Act 85-2 also amended section 12-109 of the Code of Civil Procedure to provide that support orders are judgments against the person obligated to pay, and that "[e]very judgment * * * arising by operation of law from child support orders shall bear interest thereon as…”
In re Parentage of A.H., A.H., & A.H., 2023 IL App (1st) 190572 (Ill. App. Ct. 2023). “750 ILCS 5/505(b) (West 2016); 735 ILCS 5/12-109(b) (West 2016). The amount of interest due on the arrearage for the period from November 5, 2018, the date that the arrearage was calculated, through May 17, 2019, the date that the circuit court awarded the statutory interest, is…”
In re Parentage of A.H., 2023 IL App (1st) 190572 (Ill. App. Ct. 2023). “750 ILCS 5/505(b) (West 2016); 735 ILCS 5/12-109(b) (West 2016). The amount of interest due on the arrearage for the period from November 5, 2018, the date that the arrearage was calculated, through May 17, 2019, the date that the circuit court awarded the statutory interest, is…”
In re Marriage of Westlund, 2020 IL App (1st) 190837 (Ill. App. Ct. 2020). “” 735 ILCS 5/12-109(b) (West 2018). ¶ 28 Section 2-1303 of the Code states that “[j]udgments recovered in any court shall draw interest at the rate of 9% per annum from the date of the judgment until satisfied.”
Burwell v. Burwell (Ill. App. Ct. 2001). · cites it 8× “Bonnie appeals, arguing that the trial court erred by not awarding prejudgment interest in accordance with section 12-109 of the Code of Civil Procedure (Code) (735 ILCS 5/12-109 (West 1998)). We reverse and remand.”
Fitzmaurice v. Canny, 2021 IL App (1st) 173038-U (Ill. App. Ct. 2021). “Section 12-109(b) of the Code of Civil Procedure (735 ILCS 5/12-109(b) (West 2014)) requires monthly compounding of the statutory interest rate of 9% per year on judgments for child support.”
Show all 17 citing cases →
— 735 ILCS 5/12-109(b) — 4 cases
In re Parentage of A.H., A.H., & A.H., 2023 IL App (1st) 190572 (Ill. App. Ct. 2023). “750 ILCS 5/505(b) (West 2016); 735 ILCS 5/12-109(b) (West 2016). The amount of interest due on the arrearage for the period from November 5, 2018, the date that the arrearage was calculated, through May 17, 2019, the date that the circuit court awarded the statutory interest, is…”
In re Parentage of A.H., 2023 IL App (1st) 190572 (Ill. App. Ct. 2023). “750 ILCS 5/505(b) (West 2016); 735 ILCS 5/12-109(b) (West 2016). The amount of interest due on the arrearage for the period from November 5, 2018, the date that the arrearage was calculated, through May 17, 2019, the date that the circuit court awarded the statutory interest, is…”
In re Marriage of Westlund, 2020 IL App (1st) 190837 (Ill. App. Ct. 2020). “” 735 ILCS 5/12-109(b) (West 2018). ¶ 28 Section 2-1303 of the Code states that “[j]udgments recovered in any court shall draw interest at the rate of 9% per annum from the date of the judgment until satisfied.”
Fitzmaurice v. Canny, 2021 IL App (1st) 173038-U (Ill. App. Ct. 2021). “Section 12-109(b) of the Code of Civil Procedure (735 ILCS 5/12-109(b) (West 2014)) requires monthly compounding of the statutory interest rate of 9% per year on judgments for child support.”
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