It is not uncommon for parents to believe that once their child attains majority age, it is the end of the long road of payment of child support. However, in Illinois it is not always a correct assumption.
Illinois law provides that, in the absence of any writing agreement of the parties or court order providing otherwise, a child support obligation is terminated by the emancipation of the child, or if the child has attained the age of 18 and is still attending high school, provisions for the support of the child are terminated upon the date that the child graduates from high school or the date the child attains the age of 19, whichever is earlier.
Majority Age vs. Emancipation
It is important to note that Illinois law treats a child’s arrival at majority age and emancipation as two distinct life events. In re Marriage of Moriarty, 2024 IL App (1st) 230270, P1. While in most of the cases, it is presumed that the child is emancipated by attaining majority age, according to Illinois Courts, majority age and emancipation have different meanings.
For instance, Section 5/513(a)(1) of the Illinois Marriage and Dissolution of Marriage Act authorizes awards of support for a non-minor child who is mentally or physically disabled and not otherwise emancipated. § 513(a)(1).
Illinois law provides that a child who has attained majority age but has a physical or mental impairment that substantially limits a major life activity is a “disabled” non-minor child and not otherwise emancipated.
In an attempt to narrow the broad language of the law, the Illinois Courts have provided that
“a child’s emancipation occurs when the child is able to care for him/herself, live independently, and provide his/her own financial support”. Baumgartner, 237 Ill. 2d at 480.
However, the Courts have recognized that there is no “bright-line standard” for emancipation. Accordingly, emancipation should be evaluated in a case-by-case basis considering the specific facts and circumstances of each case. Id.
Does emancipation put an end in the child support obligation’s road?
If your emancipated non-minor child intends to pursue further education and the other parent is willing to petition the Court for contribution for educational expenses for a non-minor child, most likely, it is not yet the end of the road.
Superseding Section 505, Section 5/513 authorizes awards of educational expenses incurred no later than the child’s 23rd birthday except for good cause shown, but in no event later than the child’s 25th birthday whether it is incurred as a result of college education, professional training or high school education if the non-minor child still in high school after attaining majority age and emancipation. 750 ILCS 5/513.
It is important to note that although Illinois Law authorizes awards of extended support for a non-minor disabled child and educational expenses, for a non-minor child who continues to pursue education after he/she has attained majority age and emancipation, it is entirely under the court’s discretion, under the unique set of facts and circumstances of each case to determine whether or not said awards are appropriated.
If you still have questions about what happens to your child support obligation after your child becomes an adult, contact the Law Office of Allison & Mosby-Scott. Our legal team is well equipped to navigate you safely to the end of this road.
