ARTICLES

Stopping Child Support

Termination Date in Court Order: Every child support order must, by law, include a date on which the termination of the support obligation is to occur. Support ends on a child’s 18th birthday (unless otherwise agreed in a written court order). An exception is made if a child is still in high school, in which case support ends near the graduation date (most couples agree to continue support through the summer following high school graduation) but in any event support ends on the child’s 19th birthday.

After a child’s 18th birthday, (or graduation), the law says support ends. Period. Another part of Illinois addresses college expenses and support for adult children. Support for adult children is usually only allowed in cases where the child is mentally or physically disabled.

Missing Termination Date: If your child support order doesn’t contain a termination date, you probably have to go back to court. A new order – including a termination date — should be prepared and signed by the judge.

Abatement of Payments: “Abatement” is the legal term for “temporary suspension” of the obligation to pay child support. The support obligation may be reduced, or even totally abated. If abated, the payments continue to accrue as they come due, but they don’t have to be paid immediately – payment can be held off for up to one year.¹

Employer’s Duties: Sometimes an employer will ignore a termination date in a support order. When they do, they run afoul of Illinois law.² Employers who ignore termination dates and continue to withhold wages after they should stop have been sued for negligence, breach of contract, and conversion.³ Employees whose wages continue to be garnished after the termination date of the support order may even be able to recover punitive damages.⁴

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