Arlington Heights, IL 60005
Does Child Support End Automatically at 18 in Illinois?
Illinois law states that the term "child" refers explicitly to anyone under 18 or still attending high school at 19 or younger. Does that mean that the termination of child support automatically occurs when the child turns 18 or graduates from high school? In many cases, the answer is yes, but exceptions exist. A Rolling Meadows, IL child support attorney can explain what situations will negate that rule and how the laws apply to their client’s circumstances.
What Does Illinois Law Say About the Termination of Child Support?
According to Illinois statute 750 ILCS 5/505(g), a child support order must include a termination date. It is typically on the child’s eighteenth birthday, unless they will turn 18 before graduating from high school. In that case, the termination date is listed as the day of their high school graduation. If they turn 19 while still in high school, child support terminates on their nineteenth birthday.
Are There Exceptions to the Standard Child Support Termination Laws in Illinois?
Under certain circumstances, the paying parent may have to continue paying child support beyond age 18 or 19, or could stop paying before the child turns 18. The exceptions include:
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Disability: If the child has a significant disability, the court will consider their needs compared to what financial assistance they can receive from Social Security benefits. The court can then order the paying parent to continue child support payments beyond age 18 or 19.
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Emancipation: In Illinois, a child can become emancipated, meaning they gain the rights, responsibilities, and legal independence of an adult while still a minor. This can occur through marriage, court order, or military service, and child support can be terminated for an emancipated child.
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College: While not specifically labeled as child support, contributions to vocational school or college are sometimes required. The court can order a parent to help pay for this education after their child graduates high school.
Parents concerned about how continued child support can impact them financially should speak with an experienced family law attorney. Cases are judged situationally and can have mitigating factors that the judge will consider.
Do You Have To Pay Back Child Support After the Child Turns 18 in Illinois?
If a parent still owes child support when their child turns 18 or graduates from high school, they will have to continue making payments. According to Illinois statute 750 ILCS 5/505, arrears, commonly known as back child support, must be satisfied, even when the child reaches the legal age of adulthood. While Illinois law does not directly address the modification of arrearage payments, the court will sometimes approve an agreement between parents.
Talk to a Rolling Meadows, IL Child Support Attorney Now
When you contact the Law Offices of Donald J. Cosley, the Arlington Heights, IL child support lawyer will personally handle all aspects of your case, including taking your calls. Child support orders are a critical element of co-parenting; whether you are receiving payments or making them, you need fair representation to protect your rights. Call 847-253-3100 to arrange your free consultation with an experienced family law attorney today.