Legal Question in Family Law in Illinois
Court Ordered Child Support Order via Qdro
If the Qdro for child support indicates payment of the child through 4 years of college, but the Marital Settlement Agreement indicates child support only through age of emancipation which is age 18, which document do you go by? Does the Qdro supersede the Marital Settlement Agreement terms for child support? Please advise.
1 Answer from Attorneys
Re: Court Ordered Child Support Order via Qdro
Child Support terminates at age 18. Without seeing the QDRO you are referring to, I can only guess how it works. My quest is that the QDRO is to guarantee the payment of child support to age 18 and other parent's payment of college expenses should the child go to college. It probably terminates at the time the child graduates or is otherwise emancipated. But then I'm only guessing. You should contact the attorney who prepared the QDRO or handled your divorce.