Legal Question in Family Law in Illinois
Had a child support order extended beyond the age of 18 yrs. old up until the graduation from high school or age 19 yrs. old due to the so called "child " being enrolled and attending high school. Both dates happen to be in the same month. But the so called "child" has turned 18 yrs. old and has given birth and I do not believe is in high school for quite some time. How can I prove that I have made child support payments that should be considered overpayments for someone whom has, I believe, legally been emancipated in Illinois if they are not attending high school and /or married which is counter to the child support order extension past the age of 18 yrs. old? Is there any recourse?
2 Answers from Attorneys
Depending on the wording of the order, you may be on the hook until 19. Absent language to the contrary, support ends at 18, and generally extends to age 19 if they are still in high school. But again, if you agreed to sign some artfully drafted document, what's done is done.
Even if you didn't sign anything, the statute says "18 or graduated from high school." Giving birth is not an emancipating event. Even if your "child" dropped out of high school, she could have returned to school prior to turning 19 in which case you would still be "on the hook" for support assuming that she is still living with Mom. Moving away from Mom is an emancipating event. If she has moved out and given birth and not returned to school, you win, otherwise, I think you lose whether you agreed to post-majority support or not. Its a close question amd as a practical matter, it will cost you less in the long run to simply pay the support until she is 19. Consider it a baby gift, if you like.
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