Illinois: When does child support end?

[heather2662]

State: Illinois
County: Clark

My oldest is going to turn 18 on Jan. 30th 2005. She will graduate high school at the end of the school year.

Since the time of the divorce (OCT. 2003) I have been paying child support directly to the BM by personal check. Each check is noted "Child Support week ending xx/xx/xxxx" I scan a copy of the pay stub with the support check and keep record of it on my computer. I print a copy of the check and stub together and enclose it with the support check sent to BM.

My divorce papers are very "general" and state that 32% is to be taken from my pay for support. It does NOT state anywhere when child support ends.

Questions:

1. When does child support end in Illinois?
2. Is there an 18 or end of high school rule?

Thank you,
Mark

[socrateaser]

>Questions:
>
>1. When does child support end in Illinois?

750 ILCS 5/505. "The duty of support owed to a child includes the obligation to provide for the reasonable and necessary physical, mental and emotional health needs of the child. For purposes of this Section, the term "child" shall include any child under age 18 and any child under age 19 who is still attending high school."

Under IL law, every child support order must contain a termination date. If yours does not, then you are entitled to have the court clarify the order to provide such a date. So, that was the good news. Unfortunately, the bad news follows:

"750 ILCS 5/513(2). The court may also make provision for the educational expenses of the child or children of the parties, whether of minor or majority age, and an application for educational expenses may be made before or after the child has attained majority, or after the death of either parent."

and...

"The authority under this Section to make provision for educational expenses, except where the child is mentally or physically disabled and not otherwise emancipated, terminates when the child receives a baccalaureate degree."
 
So, basically, the other parent and/or your child may continue to pursue you for support money as long as the child is making a good faith effort to obtain a bachelor's degree.