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When does child support end in Illinois

Started by Sparkey, Dec 13, 2015, 06:31:34 PM

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I have been divorced since 2010 and in my divorce decree it states that child support ends when my child turns 18. It doesnt say anywhere in divorce decree about when he graduates high school. Ive been told that they changed the law that says when they graduate. when did law change and what am I supposed to go by ? 


I think this info is current for Illinois but you may want to touch base with an attorney to make sure.

If the child is still in high school when he turns 18, the parent may be required to pay support until the child graduates or turns 19. If the original order states that support ends when the child turns 18 but the child is still in high school, the custodial parent may request that support be extended until the child turns 19 or graduates from high school.

Child support may also be extended if the child has a mental or physical disability, or the child has entered college or trade school. In the latter case, the paying parent may be required to help pay for room, board, tuition, transportation, registration costs, medical and living expenses.
The trouble with reality is that there's no background music.


I'd like to expand on that....

My divorce decree was VERY old by the time my kids emancipated.

My other divorce decree too -- kinda old.  But I first go to this one.  In it, it said that my EX has to notify me about medical issues when there was an emergency.  But as time and the law evolved, the code said medical within a reasonable amount of time.  I wasn't getting told anything.  So I took this subject before a judge.  The judge let him off the hook because our ORDER said one thing.  When I asked the judge what was I supposed to do because the law is more recent and actually clarifies or goes into more detail?  The judge said "Well, I should take that into consideration, BUT I suspect that you won't have these problems anymore from here on in, now will she Mr. Custodial Parent?"  And to a larger extent, I didn't.

To me that parallels your situation.  My divorce decree too said 18 or finishes secondary education which ever comes first.  When I moved out of that jurisdiction (we both did, we were both military), my STATE actually said 19 AND include college (age of majority support).  BUT Alabama said that the original order defines when CS stops.

So I ask....was the original order from Illinois?

Is your original order OLD or more recent? (Oops, saw 2010....so more recent)....so my other questions come into play more.

What state or do you pay CS through the state?

From a custodial parents' point of view....to me, CS ending should co-incide with high school graduation at the normal age for that child.  (Think May/June). 

Lastly, what kind of headaches would there be IF you ended BEFORE the other parent is expecting it to end?

Some food for thought.

I've been on both sides....well, "all sides" as a CP and NCP, step-CP and step-NCP.....


Are you paying the state directly? Call them and ask if you need a court order to end child support or is your order good enough as it says child's 18th birthday. If you have to go to court, file 2-3 months ahead of time for court order to close account as of xx date as court ordered. Let ex counter with the remaining months in high school if they choose too but at least you will have  a def end date. Then be thankful that you are not in age 21 state like us....