In Peoria County and across Central Illinois, child support generally ends on a child’s 18th birthday, though this is not always the case. There are a number of circumstances under Illinois law for which child support may extend beyond age 18, such as education or disability. Alternatively, there are circumstances under which child support may end earlier as a result of emancipation. Regardless, it is imperative for paying and receiving parents alike to understand when these payments end and the steps required to formally terminate a child support obligation in Illinois. A Peoria County child support attorney can help you navigate these laws and determine if your agreement is fair. Here are some of the questions you may have about when child support ends in Illinois:
What Is the General Rule Regarding the End of Child Support Payments in Illinois?
Under the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/505), child support generally ends when a child turns 18 years old. This is because Illinois considers 18 the age of legal adulthood. However, it is critical to understand that there are exceptions in which child support may extend beyond age 18 if the circumstances meet statutory requirements.
Standard Termination Age
- Child support generally ends at age 18
- If the child is still in high school at age 18, support will continue until the child’s 19th birthday or graduation, whichever occurs first
- A termination date may be directly written into the court order at the time of its execution
- If no termination date is declared, the paying spouse must file a petition with the court to terminate payments
Situations Where Child Support Continues After Age 18
Illinois, as mentioned, recognizes that there are certain circumstances in which children require financial support into adulthood. If this represents your circumstances, you’ll find that the court will examine statutory requirements to determine if the continuation of payments is necessary.
The Child Is Still in High School at 18
- Support continues until the child graduates from high school
- Payments cannot extend beyond age 19 for those in high school
- The child must remain enrolled; if they withdraw or are expelled, the courts will revisit the order
College or Trade School Expenses
Under the Illinois Marriage and Dissolution of Marriage Act Section 513, the court is authorized to order contributions to the educational expenses of a non-minor.
- Illinois courts can order a parent to contribute to tuition costs
- Expenses may include room and board or off-campus housing
- Fees, books, and transportation expenses may be included
- However, the court will consider:
- Each parent’s income and earning capacity
- The child’s academic capabilities
- The availability of scholarships and financial aid
- The standard of living available to the child has their parents remained together
- Contributions to higher education may be capped at the cost of in-state tuition at the University of Illinois
Adult Children with Disabilities
- Courts may order the continuation of support indefinitely
- Support may be paid from income, assets held in an estate, or a special needs trust
- The court will consider:
- The child’s medical condition
- The child’s ability to live independently
- The financial resources of both parents
- This form of support can extend well beyond the traditional age of 18
Can Child Support End Earlier Than Age 18 in Illinois?
Though it’s less common than extending child support, there are some circumstances in which the court may agree to terminate child support before a child’s 18th birthday. This occurs when the child becomes legally independent of their parents’ support, otherwise known as being legally emancipated.
Legal Emancipation Requirements
- The child must be at least 16 years old
- The minor must prove financial independence from both parents
- The minor must demonstrate the ability to maturely handle personal affairs
- The court must formally grant the emancipation request
- Once legally emancipated, parental financial obligations typically end
Does Child Support Automatically End at 18 in Illinois?
In many instances, paying parents assume that they can cease child support payments immediately following their child’s 18th birthday. However, unless you have a court order that explicitly permits you to cease child support payments or the termination date is written into your original divorce agreement, payments must continue until an order is issued.
When Can Child Support Payments Stop?
- If a termination date is written on the schedule, payments will stop as scheduled
- If there is no termination date, the paying parent must file a motion to terminate payments with the court
- Wage withholding can continue until a formal court order terminates these obligations
- Arrears (past-due support) must still be paid even if the original order is terminated
- A parent seeking to terminate child support in Illinois must ensure income withholding notice is formally withdrawn once the court enters a termination order
If you are looking to terminate your child support obligations, you’ll likely need to file your modification or termination order with the Peoria County Circuit Court. Typically, these petitions are filed with the Circuit Court of the Tenth Judicial District Circuit, which serves Peoria County. While this court specifically serves this county, it will apply state statute to local cases.
Failing to obtain a formal termination order when required can result in continued collection efforts enforced by the court, including wage garnishment and collection proceedings.
Contact Our Peoria County Child Support Attorneys Today
Whether you are the paying or receiving parent, the team at Butler, Giraudo & Meister, P.C., is ready to represent you. Our firm understands how complex child support orders in Peoria County and the surrounding communities can be, which is why we are committed to helping you fight for the best possible outcome. When you need help, contact our firm today to learn more.
