Legal Question in Family Law in Illinois
Majority Age and Emancipationin Illinois
My son will be 18 in a few days but my divorce papers say he will be emancipated at majority age or upon completing high school, whichever shall LAST occur. He will graduate two months after his 18th birthday but wants to be a ''free'' adult upon turning 18. He is of sound mind and very responsible, but his mother thinks he will have to abide by the letter of the divorce papers. I side with my son in this case and my question is; is this paper even enforcable, against his will, after his 18th birthday?
2 Answers from Attorneys
Re: Majority Age and Emancipationin Illinois
This clause in your judgment for dissolution of marriage has nothing to do with your son wanting to be a free man. This has to do with how long you pay child support. You must pay child support until he graduates high school.
Re: Majority Age and Emancipationin Illinois
Your son is an adult at 12:01 a.m. on his birthday. The passage you are referring to has to do with child support determination. For purposes of you paying support, he is not an adult until graduation.