In Chicago divorce cases that involve children there can sometimes be inquiries that arise in regards to emancipation of a child and subsequent terminations of child support obligations. In determining whether or not a child qualifies as emancipated, some questions must be considered and addressed: did the child reach the age of majority, did the child marry, did the child enter the armed forces, has the child abandoned the family home, the employment status of the child, the child being financially self-sufficient and self-supporting, whether a court order was entered declaring the child emancipated, whether or not health insurance coverage remains available for the child (which typically can occur until the age of 26). While some of these are straight-forward, such as getting married or joining the armed forces, some emancipation events or factors are not automatic or sufficient enough.
For example, just because a child reaches the age of majority, and turns 18 years old, that does not automatically deem the child emancipated for child support termination. In fact, in circumstances where a child turns eighteen years old but remains in high school, the child support obligation typically remains in place. This is just one example showing how the court considers all relevant factors in regards to emancipation in conjunction with termination of child support obligations, which also includes reviewing the financial resources of the parents, the standard of living for the child if the parents had remained married, the financial resources and academics of the child.
In Chicago divorce cases where child support, contribution to child-related expenses, and other child-related financial obligations exist you must have a clear understanding of the terminable events to cease any child support obligation – emancipation is just one of many and can create many complexities in and of itself. If you are contemplating a Chicago divorce, are actively in a divorce proceeding, or have a post-divorce inquiry in regards to emancipation, child support obligations, child support termination or modification then you need to contact an experienced Chicago divorce attorney to walk you through the process at Ward Family Law, LLC.
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