Terminating Child Support in Illinois

 Posted on November 25, 2015 in Child Support

If you and your spouse decide to separate and you have children, then you must collectively make decisions regarding co-parenting and custody. As part of the decision, one of the parents may take on the responsibility of providing child support to the parent who has greater parental responsibility for the child. Under Illinois law, child support is determined by using a formula that calculates support as a percentage of the supporting parent’s net income. The exact percentage depends of the total number of children the parents have together.

When is Terminating Child Support Legal?

Once a court orders child support, the order is in effect until the court or other significant events terminate the order. Scenarios in which child support may be terminated including the following:

• The child is 18 years old: most often child support will end on the child’s 18th birthday. The child’s parent can request an extension of support until the child graduates high school or until the child is 19 years old; or
• The child is emancipated: an emancipated child is legally considered an adult. This means that child support will be terminated when the child is emancipated. This is true even if the child is under 18 years old. A child is also considered emancipated if the child gets married, joins the military or moves out of the parents’ home to live independently.

Will I Pay Child Support Beyond My Child’s 18th Birthday?

There are certain circumstances under which the supporting parent would be required to continue making child support payments beyond the child’s 18th birthday. This may occur if the child has educational expenses for college or technical school. The supporting parent may also be required to pay support if their child is severely mentally, or physically, disabled and is unable to take care of him or herself. 

Can I Decide to Stop Paying Child Support?

If a court determines that the supporting parent is no longer obligated to pay child support, then the supporting parenting may rely on that order and stop paying child support. If there is no order, the supporting parent must petition the court to modify or terminate child support before legally stopping payment. 

Contact Us for Help with Child Support Orders and Modifications

There are several decisions to make when a couple with children decides to separate, and parental responsibility and child custody are two of the most complex. Supporting spouses may find that their circumstances have changed and they may want to stop paying child support. However, the law will hold supporting parents to his or her obligation to support the children. If you are a supporting parent and need help assistance with child support, please contact the skilled DuPage County child support lawyers at Davi Law Group, LLC. We can advise you on obligations and help you make the best decision for your family. Please contact us today so that we can discuss your case.

Source: 

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K505