Does Child Support End When a Child Turns 18 in Illinois?

Child support provides children with financial support from both parents when those parents are no longer in a relationship together. It is an essential aspect of many family law cases. One common question parents face, whether paying or receiving support, is whether or not child support payments end automatically when a child turns 18 in Illinois.

The short answer is “not necessarily”. In many social and cultural ways, turning 18 is seen as the beginning of adulthood, leading many to assume that a person of this age is no longer eligible for “child” support. However, Illinois child support laws are more nuanced than this. There are some circumstances in which child support may be extended beyond the age of 18.

Age of Majority in Illinois

The age of majority in Illinois is 18. This means that, in most cases, a person is considered to be a legal adult after their 18^th birthday. Under normal circumstances, it also means that a parent is no longer legally obligated to provide financial support. However, under Illinois law, there are several circumstances in which a parent might be required to continue providing child support beyond their child’s 18^th birthday.

When Can Child Support Be Extended Beyond 18 in Illinois?

Here are a few of the most common situations in which child support can continue after a child turns 18.

• The child is still in high school. In Illinois, child support payments will continue until a child graduates from high school. This means that if the child has turned 18 but is still attending high school, child support payments must be continued. In some cases, support may continue after graduation, as well.
• The child is attending college or advanced training. Illinois child support law also allows for payments to be continued while a child is pursuing higher education. Illinois courts may order one or both parents to contribute to college or other post-secondary educational expenses beyond a child’s 18^th These expectations are often outlined in a divorce settlement, and couples anticipating college expenses for a child after divorce should work with an experienced divorce lawyer to ensure these elements are considered during negotiations. These expenses could include tuition, room and board, textbooks, and other necessary costs. It is common for this type of support to continue until the child graduates or turns 23, whichever comes first, although exceptions may be made in special circumstances.
• The child has a mental or physical disability. Child support may continue beyond the age of 18 when a child has a mental or physical impairment that affects their ability to support themselves. In these cases, a parent could be required to provide support for an adult child indefinitely, depending on the needs of the child and the financial situation of the parents.

Modifying or Terminating Child Support

In addition to a child’s age, there are several other reasons why an existing order for child support could be modified or terminated. Either parent may request a change in child support obligations if there is a significant change in circumstances. This can include the loss of a job, a major change in income, a change in the child’s needs, or other financial factors. For example, if a child receiving support develops a condition that prevents them from becoming a financially independent adult, one or both parents may petition for a modification to the existing support order.

It’s important to note that in Illinois, child support does not automatically end when a child turns 18 or graduates from high school. If an existing court order is in place, parents must seek a modification to terminate support, or the court will continue to enforce the order until all requirements are met.

Guidance for Illinois Child Support Cases

Understanding Illinois’ child support laws isn’t easy, and every family has unique circumstances to consider. If you have questions about seeking, modifying, or enforcing a child support order, help is available. Consulting with a family law attorney can provide answers and help ensure that you’re fulfilling your legal obligations and protecting your child’s future. Reach out to Jennifer Ward of Ward Family Law for a consultation at 312-262-5972 or jward@wardfamilylawchicago.com.