Du Quoin, IL asked in Child Support for Illinois

Q: My child is 18 in Aug 2021. Does my child support obligation automatically terminate in KY?

He will be out out of HS at time of turning 18. Would KY automatically terminate child support or would I have to do something on my end in order to have it terminated?

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1 Lawyer Answer
Paul Ylvisaker
Paul Ylvisaker

A: The answer is...it depends. If the child support agency for the state was responsible for obtaining the order then arguably yes. Termination dates are typically tracked and the order terminated by the state (more specifically, the lawyers who work for the agency). If the order was part of a decree or any child support order entered by a family law court, you may have to file a pleading with the court to terminate the order. Particularly true if the child support is being withdrawn by wage assignment from your paycheck.

In the current environment, a little diligence on your part before the child turns 18 could go along way toward ensuring the order terminates the month following the child’s 18th birthday - particularly if the child support is coming out of your wages automatically. Once the money is withdrawn and paid your only recourse is seek repayment from the mother/father voluntarily or by court action. Neither is a usually a desired course of action.

If you any arrears, i.e., back child support, the order will be terminated for current support, but you could still have an order in place until the arrears are paid.

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