When is Non-Minor Child Support Required in Illinois?

 Posted on July 20, 2022 in Child Support

When parents divorce, it is standard for the parent with less parenting time to pay child support to help finance their children’s needs. Children have the right to be financially supported by their parents in Illinois. Most child support orders from the court end when the children involved turn 18 years old and become an adult. However, there are circumstances where child support payments are extended to non-minor children.

When is Non-Minor Child Support Required?

There are a few key reasons the court may require non-minor child support payments from a parent. Below are the three most common reasons that Illinois may extend child support payments for children over the age of 18.

• Educational Expenses — The most common reason parents pay child support for children over 18 years is for college or other post-secondary educational expenses. College tuition and additional costs involved with university or a post-secondary educational program can be costly, especially for only one parent to pay alone. It is common for parents to petition for extended child support to assist with college expenses. These expenses typically include tuition, room and board, clothes, textbooks, food, school supplies, and other necessities.  

• Medical Expenses — Parents may be required to pay non-minor child support if a child has a serious medical condition. Children born with severe disabilities often need full-time medical assistance, which can be very expensive. Both parents must maintain a child’s medical care, even after they are over 18 since the child is still dependent and unable to support themselves. 

• Non-Minor High Schooler — Illinois law may require extended child support payments for children who are still in high school but have already turned 19. Since the child is still dependent and in the same living situation as when they were 18, the child support payments may continue until graduation. 

Factors Considered By the Court 

Although there are many reasons that parents may be required to pay child support for an adult child, there are also limitations in place. When determining if non-minor child support will be awarded, Illinois considers these factors:

• The financial health of both of the parents at the time of the non-minor child support request

• The financial health or ability to earn of the non-minor child at the time of the request 

• The lifestyle of the child or children involved would be living had the divorce not taken place

• The child’s desire to attend and ability to succeed through post-secondary education 

When extending child support for educational expenses, Illinois courts will consider if the requests are reasonable. The state may ask the student first to see how much student aid will be awarded before child support is required from the parents. Then, the student receiving child support payments must be able to maintain a C average in their college courses. The child support will end once the child graduates from their place of education, is married, or turns 23 years old.

Ask a Will County, Illinois Family Attorney 

Suppose you have questions regarding child support and non-minor child support payments. In that case, our Will County child support attorneys can assist you. At Law Office of Ronald L. Hendrix, P.C., our attorneys have years of experience working with family and divorce law issues. We are available to help you understand the unique elements of your legal situation. Please get in touch with us at 630-355-7776 to schedule a free consultation with our office.

Source:

https://www.ilga.gov/legislation/ilcs/documents/075000050k505.htm