child support 101/102 - The Gitlin Law Firm

Age 19 is the presumptive early termination date if a student is still attending high school. Keep in
mind, however, this legislation would only effect the termination dates on new orders and may not
effect the provisions of previous orders providing different termination dates.
Many court orders ignore the requirement to include a specific date on which child support
terminates. The child support order should not merely include language such as "child support
terminates may be when the child turns age 18 or graduates from high school, whichever later
occurs."
WARNING: IRMO Mulry, 314 Ill.App.3d 756, 247 Ill.Dec. 612,, 732 N.E.2d 667 (4th Dist.,
2000), held that a father was required to pay both child support and post-high school educational
expenses when marital settlement agreement stated his obligation for child support would continue
“if the child is attending post-secondary education the child's graduation from * * * college * * * or
reaching age 23, whichever shall occur first.” The opinion stated: “[A]lthough a provision in a
dissolution judgment for the payment of a child's college expenses is a term in the nature of child
support (citations omitted) it does not foreclose one's obligation to pay support or educational
expenses, or both. The parties' separation agreement makes reference to [the ex-husband's]
“obligations for support” and his “obligations for each child.”
This statutory provision may undo some of the hardship represented by the IRMO Walker, decision,
339 Ill.App.3d 743, 791 N.E.2d 674, 274 Ill.Dec. 582 (4 th Dist., 2003), GDR 03-74. Walker held that
where the underlying support order only provided for support while the child was a minor (i.e.,
through the date of the child's 18th birthday), a post-judgment extension of child support to provide
for support for an 18-year old until the child graduates from high school is a modification of support
and requires compliance with IMDMA §510(a) (modification requiring a showing of a substantial
change of circumstances) and §513(a)(2) (support for non-minor children and educational expenses).
Language to note from the decision states, "In short, if the child has attained majority, the trial court
must turn to §513 when deciding whether to award support for that ‘nonminor child'."'
Arrearage of Delinquency When Support Order Would Otherwise Terminate: Section g-5
reads:
(g-5) If there is an unpaid arrearage or delinquency (as those terms are defined in the
Income Withholding for Support Act) equal to at least one month's support obligation on
the termination date stated in the order for support or, if there is no termination date stated
in the order, on the date the child attains the age of majority or is otherwise emancipated,
the periodic amount required to be paid for current support of that child immediately prior
to that date shall automatically continue to be an obligation, not as current support but as
periodic payment toward satisfaction of the unpaid arrearage or delinquency. That
periodic payment shall be in addition to any periodic payment previously required for
satisfaction of the arrearage or delinquency. The total periodic amount to be paid toward
satisfaction of the arrearage or delinquency may be enforced and collected by any method
provided by law for enforcement and collection of child support, including but not limited
to income withholding under the Income Withholding for Support Act. Each order for
support entered or modified on or after the effective date of this amendatory Act of the
93rd General Assembly must contain a statement notifying the parties of the requirements
of this subsection. Failure to include the statement in the order for support does not affect
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