How long do child support last
When Does Child Support End in Illinois?
Posted on in Child Support
Child support payments are a welcome form of financial assistance for many parents. However, the laws surrounding child support are sometimes difficult to interpret on your own. If you currently pay or receive child support and your child is getting older, you may ask, “When does child support end?” The term “child support” makes it seem as if a parent only receives child support while the child is a minor. However, there are several situations in which child support continues even after a child turns 18 years old.
Illinois Law Regarding Child Support Payments
Child support orders last until the child turns 18 years old and becomes an adult. However, if the child is still in high school when they turn 18, child support continues until the child graduates high school and turns 19. Many child support orders include an automatic termination date. However, some obligors (paying parents) will need to request a child support modification to terminate child support once the child becomes an adult. If you pay child support, do not assume that your child support obligation automatically ends without confirming the termination date. Failure to pay child support is considered a serious offense in Illinois.
Child Support Past the Child’s 18th Birthday
Child support does not always end once a child turns 18 and graduates from high school. If the child attends college, child support can continue through his or her undergraduate degree. Child support can help cover college tuition, books, fees, housing, and other expenses. The parents may agree on how they will cover their child’s college expenses or the court may order “non-minor child support” to be paid based on both parents’ financial circumstances and other factors.
Child support may also be extended past a child’s 18th or 19th birthday if the child suffers from a disability.
Intellectual disabilities, physical disabilities, and other medical concerns can prevent a child from becoming financially independent. In this case, the child’s parent may petition the court for non-minor child support.
Contact a Cook County Child Support Lawyer
Whether you are the payor or recipient of child support, it is important to understand your rights and responsibilities. For help, contact skilled Chicago family law attorney George J. Skuros. Mr. Skuros has over 30 years of legal experience. He can help you establish, modify, or enforce child support payments, address how you and the other parent will pay for college expenses, and more. Call The Law Office of George J. Skuros today at 312-884-1222 for a free, confidential case review and consultation.
Source:
https://www.ilga.gov/legislation/ilcs/documents/075000050K505.htm
When Does Child Support End?
Not knowing when child support ends can be concerning, especially if you're the parent who is receiving the child support.
In most states, child support ends when the child reaches age 18, goes off to college, dies, or gets married. Some states, however, allow child support to continue beyond the age of 18 in certain circumstances, such as if the child is still living at home and attending high school, or if the child has special needs.
When child support ends for you is an important question because there are steps you may have to take if you want to terminate court-ordered child support obligations or continue them beyond the age of 18. Failure to do so means you could end up making payments beyond the actual child support end date or getting cut off from support when you need it the most.
Child Reaches the "Age of Majority"
Legal guidelines in all states allow child support to end when the child reaches the age of majority. The "age of majority" refers to the legal age established under state law when an individual is no longer a minor and can make certain legal decisions on their own behalf.
In most states, child support ends when a child turns 18 or graduates from high school, whichever occurs first. In other states, the age may be 21. Because the age of majority varies so widely from state to state, it is important to check the laws of your particular state to see which age applies, and whether there are any other circumstances that would extend child support.
Child Becomes "Emancipated"
The term "emancipation" refers to a court process through which a minor becomes self-supporting and no longer requires the financial support of his or her parents. A minor may become "emancipated" before the age of majority, when he or she gets married, joins the military, leaves home or becomes economically independent. Under such circumstances, a parent no longer has the obligation to provide child support.
Child Support Beyond the Age of Majority
College Support
Some states allow child support to continue even after the age of majority when the support is used to pay for a child's education, such as to attend colleges, universities and post-secondary institutions.
Moreover, if a child lives in a state that does not award college support, a parent may include provisions for it in their child support agreement.
Support for Special Needs
Courts make exceptions for additional child support for parents who are caring for children who are disabled or who have special needs. Since courts often look at disability in terms of economic hardship, a parent is usually allowed to receive support -- even beyond the age of majority -- to adequately care for a disabled or special needs child.
Child Support Modification
Sometimes life events such as job loss, injury, or change in marital status or household income may call for a change in the current child support arrangement. When this happens, parents may seek a child support modification order to help lower child support payments or get more child support. A child support modification is a judicial order and can significantly reduce or increase the amount of support a parent gives or receives.
Procedure for Ending Child Support
Child support payments do not end automatically. The person who is obligated to make child support payments must request for their child support obligation to end once the child reaches the age of majority or a minor child becomes emancipated.
To find out whether your obligation to pay child support is ending, you can contact the child support agency in your state for help in determining your child support end date, or speak with an attorney to discuss your specific rights and responsibilities.
When Does Child Support End for You? Find out with an Attorney's Help
Figuring out when child support ends is crucial. Judges are bound by the laws of each individual state and it is best to seek legal advice for your specific situation. Get started today by speaking with a family law attorney in your area with expertise in child support matters.
up to what age they pay, how much percentage of income they can withhold, and what documents are needed to apply for alimony
1.
Who can apply for child support? Alimony is maintenance that minor, disabled and/or needy family members are entitled to receive from their relatives and spouses, including former ones.
A child can count on alimony:
- if he is under the age of 18 and has not yet become fully capable by decision of the guardianship or court. Alimony in favor of a child may be filed by his guardian, custodian, adoptive or natural parent with whom the child remains;
- if he is over 18 years of age but has been declared legally incompetent.
One of the spouses can count on alimony if:
- he needs and is recognized Disabled adults who are entitled to alimony are considered disabled people of groups I, II, III and persons who have reached pre-retirement age (55 years for women and 60 years for men) or the generally established retirement age.0010
- wife, including ex, is pregnant or less than three years have passed since the birth of a common child;
- a spouse, including a former one, needs and cares for a common disabled child under 18 years of age or a child disabled since childhood of group I;
- ex-spouse Persons in need are those whose financial situation is insufficient to meet the needs of life, taking into account their age, health status and other circumstances.
marriage or within five years thereafter, and the spouses have been married for a long time.0010
Also, child support can be received by:
- disabled and needy parents, including stepfather and stepmother, from their adult able-bodied children. This rule does not apply to guardians, trustees and adoptive parents;
- disabled and needy grandparents - from their adult able-bodied grandchildren, if they cannot receive maintenance from their children or spouse, including the former;
- minor grandchildren - from their grandparents, who have sufficient funds for this, if they cannot receive alimony from their parents. After the age of majority, grandchildren can count on alimony if they are recognized as disabled and they cannot receive assistance from their parents or spouses, including former ones;
- incapacitated persons under 18 years of age - from their adult and able-bodied brothers and sisters, if they cannot receive them from their parents, and incapacitated persons over 18 years of age - if they cannot receive alimony from their children;
- disabled and needy persons who raised and supported a child for more than five years - from their pupils who have become adults, if they cannot receive maintenance from their adult able-bodied children or spouses, including former ones.
This rule does not apply to guardians, trustees and adoptive parents; - social service organizations, educational, medical or similar organizations in which the child is kept can apply for child support. In this case, alimony can be collected only from the parents, but not from other family members. Organizations can place the funds received in the bank at interest and withhold half of the income received for the maintenance of children.
2.How to apply for child support?
If there is no agreement between the parties on the payment of alimony or the other party refuses to pay them, apply to the court at the place of your residence:
- to the justice of the peace, if the recovery of alimony is not related to the establishment, contestation of paternity or motherhood, or the involvement of other interested parties;
- to the district court - in all other cases.
If one of the parents voluntarily pays support without a notarized agreement, the court can still collect support from him in favor of the child.
You can file for child support at any time as long as you or the person you represent are eligible.
The plaintiff does not pay state duty for consideration of the case on recovery of alimony in court.
3. What documents are needed to apply for child support?
The child support claim must be accompanied by:
- copies of it, one for the judge, the defendant, and each of the third parties involved;
- documents confirming the circumstances that allow you to apply for alimony. Such documents, for example, may be a birth certificate of a child, a certificate of marriage or its dissolution;
- a single housing document and income statements for all family members;
- calculation of the amount you expect to receive towards child support. The document must be signed by the plaintiff or his representative with a copy for each of the defendants and involved third parties;
- if the claim will not be filed by the plaintiff himself, additionally attach a power of attorney or other document confirming the authority of the person who will represent his interests, for example, a birth certificate.
As a rule, maintenance is ordered from the moment the application is submitted to the court. They can be accrued for the previous period (but not more than three years before the day of going to court) if you provide evidence in court that you tried to contact the other party and agree or the defendant hides his income or evades paying alimony. Such evidence can be letters sent by e-mail, telegrams or registered letters with notification.
4. What is the amount of alimony?
The court determines the amount of alimony based on the financial situation of both parties. Alimony for the maintenance of minor children, as a rule, is:
- per child - a quarter of income;
- for two children - a third of the income;
- three or more children - half of the income.
These shares can be reduced or increased taking into account the financial and marital status of the parties and other important ones, including the presence of other minor and / or disabled adult children, or other persons whom he is obliged by law to support; low income, health or disability of the support payer or the child in whose favor they are collected.
"> factors. When determining the amount of alimony, the court seeks to maintain the level of financial support that the child had before the divorce or separation of the parents. If each of the parents has children, the court determines the amount of alimony in favor of the less well-to-do of them.
In addition to the share income, the court may order child support or a portion of it in the form of a certain amount of money.As a rule, such measures are resorted to when the defendant hides part of his income and a share of his official income cannot provide the child with the standard of living that he had.
In exceptional circumstances - illness, disability of the child, lack of suitable housing for permanent residence, etc. - the court may oblige one or both parents to additional expenses.
The amount of alimony is indexed in proportion to the growth of the subsistence minimum (for the population group to which their recipient belongs).
As a general rule, maintenance withheld from the debtor's income for the maintenance of a minor child cannot exceed 70% of his income. In other cases - 50% of income.
5. Who can not pay child support?
Parents are required to support their children after birth and up to 18 years of age, if the child does not marry earlier or there is no Emancipation - declaring a minor fully capable. It is possible if a minor who has reached the age of 16 works under an employment contract (including under a contract) or, with the consent of his parents (adoptive parents, guardian), is engaged in entrepreneurial activities. The decision on the emancipation of a minor is taken by the guardianship and guardianship authorities with the consent of the parents (adoptive parents, guardian). If there is no consent from the parents, the decision on emancipation can be made by the court.
"> emancipated.
Parents must support the child, even if he does not need material assistance. The incapacity of the parents, the recognition of their incapacity in court or the deprivation of parental rights also does not release from this obligation.
Alimony may be denied: or spouse, including an ex, if he or she has become disabled and needs help due to alcohol, drug abuse, or intentional crime, or has behaved unworthily in marriage, such as gambling;
Content
- How many years to the recipient of alimony
- Continuration of payments to adulthood
- Alimony to adult citizens
- Alimony for students
- , according to the agreement, does not matter
Russian family legislation provides for the right to receive alimony not only for children under the age of 18, but also for citizens who have long reached the age of majority, but need material support for other reasons. Therefore, it is not entirely correct to talk about up to what age alimony is paid. It would be more correct to say before what circumstances you need to pay alimony. And one of these circumstances will be the age of the recipient of maintenance payments.
How old is the recipient of alimony
The right to receive material assistance from their parents for a child arises from the moment of his birth, and, according to article 80 of the Family Code of the Russian Federation, , it continues until this child reaches the age of majority.
That is, until the age of 18, he will be able to fully rely on the fact that his parents will support him.
If the parents are divorced, then the obligation to support their common child is not removed from either of them. The parent with whom the child does not live together must pay child support.
Did you know that
The payment of alimony cannot stop after the age of 18 if the child supporter has debts to pay when the child comes of age. You can learn more about child support arrears after 18 years in this article.
When a child receiving maintenance for his maintenance reaches the age of majority, this is the basis for termination of maintenance payments. This rule is enshrined in in paragraph two of the 120th article of the Family Code of the Russian Federation.
Only this is a general rule, from which there are exceptions. Therefore, any parent needs to keep in mind that it is almost impossible to unequivocally answer the question of how many years alimony is paid, and the fulfillment of his child by the age of eighteen will not always serve as a basis for releasing him from alimony payments.
Termination of payments before the age of majority
Not often, but there are cases when the payment of alimony can be stopped even before the recipient reaches the age of eighteen.
The first is the death of the person on whom the alimony is paid. Everything is clear here. This circumstance is the first in the list of those for which the payment of alimony is terminated. Nothing depends on age.
The second case is quite interesting, but rare - the recognition of a minor citizen as fully capable. Such persons include those who are already engaged in labor or entrepreneurial activities and have a stable high income, due to which they do not need material support from their parents, as well as receiving alimony.
But this does not mean that the parent who pays alimony, having learned about this fact, independently stops monthly payments. Only a guardianship authority or a court can make a decision on the full legal capacity of a person under the age of 18, or emancipation.
The consent of both parents and the child is also required.
If the appropriate emancipation decision is made by the competent authority, then it is already possible to decide on the termination of maintenance payments.
Alimony for adults
Alimony is not always paid only by parents for the maintenance of children. There are several categories of alimony recipients who are entitled to their collection, being at a much older age than 18 years. These are spouses and ex-spouses, parents, grandparents, brothers and sisters, foster parents and caregivers.
Did you know that if there is a debt in the payment of alimony, then a penalty for non-payment of alimony is also added to it. Read about it on the page - https://divorceinfo.ru/2594-raschet-neustoiki-po-alimentam-na-rebenka
With regard to children who are recipients of alimony who are already eighteen years old, these are those who:
- are disabled due to disability of the first or second group, 90,009 earning less than the subsistence minimum.
The main criteria by which adults can count on receiving alimony are their disability and need.
It is meaningless to talk about the age until which child support is paid. Several circumstances can be named as the moment of termination of their collection:
Do you know that
Under Art. 89 of the RF IC, a needy spouse caring for a child can apply for alimony. In this situation, alimony is determined in a fixed amount, depending on the reasons for the need for alimony payments.
It must be said separately that the recipients of alimony can be pregnant women and mothers of children under 3 years old who are on leave to care for this child. They have the right to collect alimony from spouses or former spouses not only for the maintenance of the child, but also for their own maintenance. And here again the concepts of need and disability appear. The moment of termination of the payment of alimony for the maintenance of such women will be considered the child's three years of age or her entry to work before the child reaches the specified age.
Exactly when an adult recipient of alimony no longer needs to collect them, then we can talk about the termination of alimony payments.
Alimony for students
There is a lot of controversy regarding the collection of alimony for children who have reached the age of majority, but continue their studies at school, university or other educational institution. It is not entirely clear how many years child support is paid in such cases.
There is not a single normative act in Russian legislation that would clearly state that child support must be paid for education after the age of 18, and until he graduates from an educational institution. But the Family Code of the Russian Federation states that parents are obliged to support their disabled children. Some courts use this rule by analogy, equating the student to the disabled, that is, not having the opportunity to earn a living. Therefore, sometimes judges decide to continue collecting alimony until the child reaches the age of 23 (the age of graduation from the university, provided that he enters it immediately after school and studies for five years), if the child is studying full-time.
Recently, the practice is such that the courts refuse claims for the recovery of alimony for pupils and students who have reached the age of eighteen. There is no relevant legislative act - there is no positive decision.
We think that the collection of alimony for adult students should be carried out until they graduate from an educational institution. Provided that the child studies full-time and does not take academic leave, and also studies at the same educational institution (if desired, you can study for as long as you like and receive alimony).
It is rare for a child to immediately start working and earning a salary after graduating from school or studying in the first or second year of higher education. This requires at least some professional education. There is no need to talk about the meager amount of scholarships in our vocational schools. Yes, and free education is now a rarity.
Then it turns out that the maintenance of an adult student child falls entirely on the shoulders of only one parent - the one with whom he lives under the same roof.
This is not entirely fair.
Therefore, it is still worth going to court in such cases with a claim for the extension of alimony and fighting for your rights. Only the most adult child-alimony claimant needs to do this.
By agreement, age does not matter
The question of up to what age to pay child support can be decided by the parents themselves, regardless of the norms that are provided by law. To do this, they need to conclude a voluntary agreement, which provides for all the nuances: the amount, method, procedure for maintenance payments, as well as their terms.
If the rights of the child are not violated, then the notary will put his visa on this document without any problems.
In the event that the original agreement did not address the issue of the timing of child support after the age of majority, it can always be amended with the consent of both parents and extended.
Otherwise, you will have to apply to the court for an extension of the period for the payment of alimony.
