When Child Support in Illinois Can Continue After a Child Turns 18
While many people assume that their child support obligations under Illinois law will end when their child turns 18, this is not always the case. In fact, there are several exceptions to the general rule that could require the continuation of child support beyond the typical age of majority. Consider speaking with an attorney if any of the following exceptions apply to your family.
General Rules for Child Support Termination
Under Illinois law, the general rule for child support obligations states that a parent’s support obligation continues until their child’s 18th birthday, or until their 19th birthday if the child has not yet finished high school. However, a child support order issued by an Illinois court may set a different termination date for the child support obligation.
When Support Extends Beyond 18
Despite the standard rule ending child support payments when a child reaches adulthood, parents may continue to have financial obligations to their children under certain circumstances.
Post-Secondary Education Expenses
A court can include provisions in a child support order or divorce judgment that require parents to contribute to their children’s college or post-secondary educational expenses. A parent’s financial obligations may include covering tuition, room and board, textbooks and other study materials, and living expenses.
A parent’s responsibility to cover post-secondary education expenses usually ends once their child completes a bachelor’s degree, ceases full-time post-secondary education, obtains full-time employment, or reaches a specific age (typically somewhere in the child’s early-to-mid 20s). The court’s order can set the circumstances under which post-secondary child support obligations end.
Courts will consider various factors when deciding whether to order support for post-secondary educational expenses, including the parents’ financial resources, the child’s academic performance, and the availability of scholarships or financial aid.
Disabled Adult Children
Illinois law also allows courts to issue child support orders for an adult child with a disability that began during their minority when the adult child’s disability renders them unable to obtain education or employment. Based on the child’s needs and the parents’ financial resources, courts may order the parents to provide financial support for living expenses, medical treatment, and long-term care.
Modifying or Extending Support Orders
A parent may petition to modify or extend a child support order to provide additional support for an adult child’s post-secondary education or due to the child’s permanent severe disability. However, a parent who requests a modification or extension must present documentation establishing the requirements for non-minor child support under the statutory provision for post-secondary education or disability. Furthermore, it’s important that the parent requests an extension of support before the original order ends, as doing so after the fact can make it harder to secure support for a disabled adult child or for an adult child’s post-secondary education.
Practical Considerations for Parents
Parents of children who may require financial support past their 18th birthday should plan for the children’s post–high school or adulthood support needs. They should also keep open communication about college costs or disability care expenses.
Perhaps most critically, they should talk to a family law attorney to understand the applicable law governing child support obligations for children past their 18th birthday. A lawyer can also explain how to request a modification of support orders to secure the financial support the child needs for their post-secondary education or long-term disability care.
Contact a Child Support Attorney Today
Although they typically end once a child reaches adulthood, a parent’s child support obligations may continue beyond a child’s 18th birthday under certain circumstances. If you suspect these circumstances apply in your case, contact Gravel & Wechter today to speak to a child support lawyer about protecting your child and your financial future.