Legal Question in Family Law in Illinois

Minor child not living with guardian/parent, not going to school

If a court of competent jurisdiction has ordered you to pay child support, you must pay child support. Moreover, a parent�s failure to provide for the support of a child under the age of eighteen, if the child is in need of support, is a crime (Class A misdemeanor) (750 ILCS 15/1, et seq.), although it is rarely prosecuted in cases like this. A parent can also be charged with neglect under the Juvenile Court Act, but again, this does not commonly arise when 17 year-old children refuse to return home (unless the child is at risk). Furthermore, a parent can be sued by a creditor for the recovery of money advanced to or for the child if the money constitutes �the expenses of family [or] the education of the children� (750 ILCS 65/1, et seq.)

You may file a petition for emancipation of your child under the Emancipation of Mature Minors Act (750 ILCS 30/1, et seq.) but it is not true that when a child leaves home, the court will emancipate (or partially emancipate) the child. More must be shown. It must be proven that �the minor is a mature minor who is of sound mind and has the capacity and maturity to manage his own affairs including his finances, and that the best interests of the minor and his family will be promoted by declaring the minor an emancipated minor.� This is a proceeding for which you should have a lawyer�s direct advice and representation.