Support stopped for 18 year old High School student

[Jursey]

What is the name of your state (only U.S. law)? Illinois

My son is a senior in high school and will be graduating in June 2011. He turned 18 last September. (His birth date fell outside the time frame for him to go begin school one year earlier). When he became 18, his father informed me he will no longer be paying child support for him. Even though he has turned 18, my son is still in high school and still living with me, as I have residential custody. It states in my divorce that support will be paid until 18 years of age or emancipated. I've tried contacting Illinois Child Support but never get a straight answer. I was informed that as of June 1, 2003, Illinois law allows for continuation of child support until the child graduates from high school. My attorney is no longer practicing or I would get him involved. Any ideas on how I can get this enforced without having to go through the expense of another attorey?

 

[mistoffolees]

I'm not sure what another attorney could do - other than waste your money.

IL is unusual in that it allows CS to stop when the child is 18 - even if they're still in high school:
Illinois Law - Until What Age Does Child Support Typically Run?

The time to address it would have been back when the decree was finalized. At that time, the judge could have ordered it to continue until graduation, but it's unlikely that you're going to get it changed now.

 

[EnforceSupport]

I'm not sure what another attorney could do - other than waste your money.

Didn't she just say she doesn't want to use an another attorney?

IL is unusual in that it allows CS to stop when the child is 18 - even if they're still in high school:
Illinois Law - Until What Age Does Child Support Typically Run?

The time to address it would have been back when the decree was finalized. At that time, the judge could have ordered it to continue until graduation, but it's unlikely that you're going to get it changed now.

Hey Jursey,

It sounds like Mistoffolees knows a lot more about this than I do. In my experience with regard to termination at "18" vs. "19 if still a high school student", 1) it is irrelevant whether the court order includes language that it continues beyond 18, because, it IS the law and occurs as a 'matter of law, regardless as to what the order says.

Similarly, Mistoffolees seems to know about the laws of IL (which I certainly don't), because, as to the states with which I am familiar, if the law were to change (allowing support to continue beyond 18) AFTER the support order was made, one need not go back to court, but rather, the change to the law affects all existing orders where the children are still minors, in which case, you would not have had to go back to court at all.

Anyway, it is a simple answer to determine and you can probably get clarity for free or cheap.

As to what to do to collect, if your court order automatically continues to 19 (based on certain conditions), immediately open a case with your governmental c/s collections office and certainly do so before your child is 19 or out of high school.

 

[mistoffolees]

Didn't she just say she doesn't want to use an another attorney?

No, she didn't. What she said was "Any ideas on how I can get this enforced without having to go through the expense of another attorey?" -which implies that she was considering calling another attorney.

Hey Jursey,

It sounds like Mistoffolees knows a lot more about this than I do. In my experience with regard to termination at "18" vs. "19 if still a high school student", 1) it is irrelevant whether the court order includes language that it continues beyond 18, because, it IS the law and occurs as a 'matter of law, regardless as to what the order says.

Similarly, Mistoffolees seems to know about the laws of IL (which I certainly don't), because, as to the states with which I am familiar, if the law were to change (allowing support to continue beyond 18) AFTER the support order was made, one need not go back to court, but rather, the change to the law affects all existing orders where the children are still minors, in which case, you would not have had to go back to court at all.

Please stop giving advice when you don't have any idea how it works in OP's state.

As to what to do to collect, if your court order automatically continues to 19 (based on certain conditions), immediately open a case with your governmental c/s collections office and certainly do so before your child is 19 or out of high school.

OP said " It states in my divorce that support will be paid until 18 years of age or emancipated."

Your speculation is irrelevant because it doesn't apply.

 

[TinkerBelleLuvr]

File for contempt since the child is still in high school and NOT emancipated.

 

[mistoffolees]

File for contempt since the child is still in high school and NOT emancipated.

Read what OP wrote again:
"It states in my divorce that support will be paid until 18 years of age OR emancipated."

- so if the child meets EITHER condition (age 18 or emancipated), support ends.

Dad is not in contempt of the order as OP has described it.

 

[EnforceSupport]

No, she didn't. What she said was "Any ideas on how I can get this enforced without having to go through the expense of another attorey?" -which implies that she was considering calling another attorney.

Actually, to me, it demonstrates her clear intention of NOT WANTING to call another attorney, but, you can certainly read it as you please. It is often unnecessary to convince people to avoid doing that which they do not want to do anyway, but, maybe your circle of friends are different.

Please stop giving advice when you don't have any idea how it works in OP's state.



OP said " It states in my divorce that support will be paid until 18 years of age or emancipated."
Your speculation is irrelevant because it doesn't apply.

No, mistoffolees, I appreciate your response. As I said, I concede I don't know IL law and was not giving advice. I am glad that you do know IL law, and, that unlike other states where termination dates are often a matter of law, regardless as to what the order says. So, I'm happy that you were able to advise her as to the applicable law to her facts, and that since she had not sought court intervention 'at the time the divorce was finalized' (even though, of course, that may have been before the c/s termination legislation had been modified), it is now, likely to be too late.

I'm sure she's well served by your advice, especially since your advice is, essentially, to refrain from seeking counsel since you've now, somewhat authoritatively, explained to her that it is most likely, a lost cause.