Legal Question in Family Law in Illinois
Eighteen, still in H.S.
The court order reads that child support may stop when the child is emmancipated or the minor child has turned 18 and graduated from H.S.
The father's new wife continued to pay the child support when he was out of a job for 1.5 years. The mother who holds only a high school education herself decided to home school the child during which time she held the child back a year. Now, the minor child is 18 and will not be graduating. Additional documents indicate that the family has been filed against (and lost) regarding credit card debt and that a bankrupcy was filed as well. Is the father still going to be responsible for child support this extra 9 months until the minor child graduates from H.S.? Or, are these significant reasons to submit for a termination of child support?
1 Answer from Attorneys
Re: Eighteen, still in H.S.
Greetings. Under these circumstances and in my
opinion, Dad will be required to pay child support until the son/daughter graduates from high school. Based upon my experience, the court
will not deem the individual emancipated, until they graduate from high school. This is also a
good time for dad to review other provisions of the divorce judgment which deal with the issue
of college expenses. The child or either parent
my petition the court for an order directing both
parents to contribute to the college expenses of
the minor child based upon each parent's ability
to do so. I will be happy to answer any additional questions that you might have.
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