Chicago, IL asked in Family Law and Child Support for Illinois

Q: My Court Ordered Child Support had a termination end date on 11-20-19 upon my son's Birthday. This court order was

Written and signed by the custodial parent and stamped and signed by the Kane County Court on 1-12-07. My job finally stopped child support payments on 12-26-19 after realizing they were in violation of the court order termination date. The custodial parent wants to take me back to court to continue the payments until my son graduates even thou the order clearly states the payments were supposed to end Nov 20, 2019. Also, I told her my son has emancipated because he is economically able to take care of himself because he has a job now. Who will win? Me or the Custodial parent? Also, if I lose will I have to pay backpay from the time the child support payments were terminated by my job up until the new court date? Please help

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1 Lawyer Answer
Marilyn  Johnson
Marilyn Johnson

A: You should not have to pay any backpay but the other party can file a Petition for Contribution for College Expenses. This can be done only the child is going to college. If he is working and not going to college, he is emancipated and you will not have to pay any more child support for him.

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