Tag Archives: child support orders

Dupage County college expenses after divorceIn Illinois, child support payments end when the child turns 18 years old or when he or she graduates from high school, whichever comes later. The ending of high school does not mean that both parents are done contributing to the child’s living expenses, though. Under Illinois law, parents are also subject to “non-minor support,” which is typically used while the child is in college. Many times, you can address this issue before your divorce is finalized by putting who will pay what in the divorce agreement. If you did not address this issue before you finalize your divorce, do not fret. You can still address this issue with a divorce lawyer or in court if need be.

Expenses That Are Covered

It is not just tuition that is covered under the Illinois Marriage and Dissolution of Marriage Act. The Act states that educational expenses can include:

  • Up to five college applications;
  • Two standardized college entrance exams;
  • One standardized college entrance exam preparatory course;
  • Housing expenses, including a meal plan;
  • Tuition and fees;
  • Medical expenses, including dental expenses;
  • Living expenses, such as food, utilities and transportation; and
  • Books and other supplies needed to attend school.

Making Decisions About College Expenses

Not all parents are required to cover their child’s college. Illinois courts understand that not all parents have the financial means to pay for such expenses. When making determinations about requirements for paying these expenses, the courts look at:

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avoid child support, back child support, child support, child support orders, DuPage County divorce lawyer, Illinois family law attorney, Martoccio & Martoccio, non-custodial parent, pay child supportWhen child support is ordered in some circumstances, the non-custodial parent may feel like the system is unfair. This is because he or she may be convinced that the custodial parent will not use any child support paid to benefit the child, and will instead use it for personal needs. This is especially so if the non-custodial parent also provides for the child’s basic needs outside of the child support payments. However you may feel about the situation, you should not decide to simply ignore the child support order and fail to pay. If you do, you could be opening yourself up to some serious consequences.

Consequences of Non-Payment of Child Support

A child support order is a court order. Ignoring it can lead to the court finding the party ordered to pay support in contempt of court. If found in contempt, the non-custodial parent can be sent to jail until they pay what they already owe, or provide the court with a good excuse why they have not been paying.

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administrative order, child support order and emancipation, child support orders, DuPage county child support attorney, DuPage County divorce lawyer "Does my child support order automatically decrease if one of my two children turns 18 and graduates from high school?" In Illinois, child support must be paid until the child turns 18 or graduates from high school, which ever is later. However, the support does not have to be paid beyond the age of 19 if the child continues in high school and has not yet graduated.

  • 750 ILCS 5/510(g.) - When a child meets those conditions, the child is "emancipated" and you no longer have a duty to pay child support for that child.

So, if your child turns 18 and then graduates from high school, this becomes a basis for decreasing your child support payments. What determines whether your child support "automatically" decreases is the wording of the court order (or administrative order) from which you pay your child support. On the one hand, for example, if the order states that you pay $500 per month in child support, and you have two children, then the child support does not automatically decrease when one of of the children is emancipated. You must file a petition to reduce the child support, and ask the court (or administrative hearing officer) to decrease your support. On the other hand, for example, if your order states that you pay $250 per month, per child, in child support, then upon the emancipation of one child, your child support will automatically decrease to $250 a month for the other child. One guideline in which you should follow is to look carefully at your child support order before you agree to it. It is essential to understand how a child support order works in Illinois. The real lesson here is that divorce law is complicated and frequently counter intuitive. Your best bet is to hire a professional divorce lawyer. If you have questions or concerns regarding a child support order, contact a DuPage County divorce lawyer today. Our divorce lawyers at Martoccio & Martoccio are highly skilled and experienced in how to make the law work for you.

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