child 18/how do I stop support

[orama43]

What is the name of your state? IL
Currently my daughter is 18, is attending college, and lives with her mother.
Her mother informs me that my daughter intends to move out of the house; to move in with friends, and may or may not continue her college education.
Do I have to continue paying child support if my daughter moves out of her mothers house?
And if I do not, what am I required to do to stop paying child support?
Thank you for your time and consideration in this matter.

[Silverplum]

Originally Posted by orama43

What is the name of your state? IL
Currently my daughter is 18, is attending college, and lives with her mother.
Her mother informs me that my daughter intends to move out of the house; to move in with friends, and may or may not continue her college education.
Do I have to continue paying child support if my daughter moves out of her mothers house?
And if I do not, what am I required to do to stop paying child support?
Thank you for your time and consideration in this matter.

[url]http://ocse.acf.hhs.gov/ext/irg/sps/report.cfm?State=IL#4[/url]

I'd imagine you have to file to emancipate your daughter and officially stop CS. Check your state's website, domestic forms section.

[orama43]

I'm not sure as to why I would have to emancipate my daughter? Does this have to do with her age (being 18)?
My daughters intention to move out of her mothers house is of her own volition. She is neither being forced or kicked out.
I'm assuming that I'm still paying child support because my daughter is in college. I was told (heresay) that if she quit school, and got a job, I would no longer be required to pay child support. When my son turned 18, and got a job, the judge said I no longer had to pay support for him. I assumed it was for these reasons. Am I incorrect in my assumptions?
Thanks again for your consideration of this matter.

[Silverplum]

Originally Posted by orama43

I'm not sure as to why I would have to emancipate my daughter? Does this have to do with her age (being 18)?
My daughters intention to move out of her mothers house is of her own volition. She is neither being forced or kicked out.
I'm assuming that I'm still paying child support because my daughter is in college. I was told (heresay) that if she quit school, and got a job, I would no longer be required to pay child support. When my son turned 18, and got a job, the judge said I no longer had to pay support for him. I assumed it was for these reasons. Am I incorrect in my assumptions?
Thanks again for your consideration of this matter.

Yes, you are INcorrect in your assumptions. Read the link.

[orama43]

Sorry I did not notice the link that you sent in your first reply.
But according to this link:
D3. If not addressed in the order, at what age is child support automatically terminated as a matter of State law? Qualify, if necessary.
Under Illinois law the duty to support ends at the age of 18 unless the child is attending high school or the support order stipulates a different age.
Since my daughter is 18, if my duty to support her is automatically terminated, I still don't understand my need to emancipate her to stop my child support payments?

[Silverplum]

Originally Posted by orama43

Sorry I did not notice the link that you sent in your first reply.
But according to this link:
D3. If not addressed in the order, at what age is child support automatically terminated as a matter of State law? Qualify, if necessary.
Under Illinois law the duty to support ends at the age of 18 unless the child is attending high school or the support order stipulates a different age.
Since my daughter is 18, if my duty to support her is automatically terminated, I still don't understand my need to emancipate her to stop my child support payments?

I don't know that this is the case for IL -- it IS the case in CO, my state. I was trying to let you know that The State of Colorado (and likely IL) does not keep track of when a kid turns 18. The garnishments (if any) go on until YOU file to stop them. The CS is due and payable, with interest, until "emancipation" occurs. It's up to you to file with the court to let them know your child is now 18 and you are finished paying support.

In CO, it's a simple form. But you're not released from the duty to pay (even if the kid is 27) if you don't file to emancipate.

Let's google IL...
[url]http://www.ilchildsupport.com/customerfaq/order.html[/url]

[url]http://www.illinoislegalaid.org/index.cfm?fuseaction=home.dsp_content&contentID=3935&print=y&suppressall=y[/url]

[url]http://www.illinoislegaladvocate.org/index.cfm?fuseaction=home.dsp_content&contentID=3935[/url]

And I still haven't found out how to end CS in IL! You might want to try a consult with a local attorney. Many first consultations are free -- check your yellow pages.

[Silverplum]

I found this:

How long will my Child Support Enforcement Services Continue?
Child Support Enforcement services will continue until:
• The order states it should end;
•The youngest (or only) child in the order turns 18. If the child is in high school when he or she turns 18, child support could continue until the child graduates high school or turns 19, whichever comes first;
•The custodial parent fails or refuses to cooperate when HFS needs help in proceeding to the next step in providing support enforcement services. This may occur if the custodial parent fails to advise HFS of his or her mailing address;
•HFS is notified in writing that child support enforcement services are no longer wanted. Please note that although HFS services may stop, all future child support payments will be issued by the State Disbursement Unit if the support is paid through income withholding;
•The HFS learns that further action is inadvisable or legally impossible;
•HFS is not able to contact the custodial parent over a 30-calendar-day period. HFS will attempt to contact the custodial parent by letter 60 calendar days before HFS discontinues child support services. The case will be left open if the custodial parent notifies HFS.

[url]http://www.ilchildsupport.com/csbrochures/hfs1283b.html[/url]

And it's STILL looking (to me) that you have to FILE to end CS.

[orama43]

Just wanted to say thanks for all your help with my concerns.
Even though she's 18, as long as my daughter stays in school I'll continue with the CS.
I just wanted to know what my legal obligation was if she decides to discontinue her college education.
But it looks like I'm not legally obligated now anyways.
Thanks for helping me to find this out.

[Silverplum]

You're welcome!

[fedupinIL]

Although it seems your questions were answered, I thought I would post this anyway....

(g) An order for support shall include a date on which the current support obligation terminates. The termination date shall be no earlier than the date on which the child covered by the order will attain the age of 18. However, if the child will not graduate from high school until after attaining the age of 18, then the termination date shall be no earlier than the earlier of the date on which the child's high school graduation will occur or the date on which the child will attain the age of 19. The order for support shall state that the termination date does not apply to any arrearage that may remain unpaid on that date. Nothing in this subsection shall be construed to prevent the court from modifying the order or terminating the order in the event the child is otherwise emancipated.
(g‑5) If there is an unpaid arrearage or delinquency (as those terms are defined in the Income Withholding for Support Act) equal to at least one month's support obligation on the termination date stated in the order for support or, if there is no termination date stated in the order, on the date the child attains the age of majority or is otherwise emancipated, the periodic amount required to be paid for current support of that child immediately prior to that date shall automatically continue to be an obligation, not as current support but as periodic payment toward satisfaction of the unpaid arrearage or delinquency. That periodic payment shall be in addition to any periodic payment previously required for satisfaction of the arrearage or delinquency. The total periodic amount to be paid toward satisfaction of the arrearage or delinquency may be enforced and collected by any method provided by law for enforcement and collection of child support, including but not limited to income withholding under the Income Withholding for Support Act. Each order for support entered or modified on or after the effective date of this amendatory Act of the 93rd General Assembly must contain a statement notifying the parties of the requirements of this subsection. Failure to include the statement in the order for support does not affect the validity of the order or the operation of the provisions of this subsection with regard to the order. This subsection shall not be construed to prevent or affect the establishment or modification of an order for support of a minor child or the establishment or modification of an order for support of a non‑minor child or educational expenses under Section 513 of this Act.

[LdiJ]

Originally Posted by orama43

Sorry I did not notice the link that you sent in your first reply.
But according to this link:
D3. If not addressed in the order, at what age is child support automatically terminated as a matter of State law? Qualify, if necessary.
Under Illinois law the duty to support ends at the age of 18 unless the child is attending high school or the support order stipulates a different age.
Since my daughter is 18, if my duty to support her is automatically terminated, I still don't understand my need to emancipate her to stop my child support payments?

If you are paying your support directly to mom, and it should end according to your divorce decree and state law. Then no, you do not have to file to emancipate her.

However, if you are paying through the courts, the local child support enforcement agency, or through wage assignment, you do need to emancipate her to get it on the record that you are permitted to stop paying.