How Does Emancipation of a Child Influence Child Support Obligations?

 Posted on May 19, 2022 in Child Support

Child support is an important form of financial assistance for parents in Illinois. Payments are based on both parents’ net income, and often paid on a monthly basis. The parent with the majority of parenting time, formerly called the custodial parent, receives child support from the parent with less parenting time. If the parents each have at least 40 percent of the parenting time, the child support obligation is reduced accordingly.

Usually, child support ends when a child turns 18 and graduates high school or graduates from college. However, what happens if a child is emancipated?

Emancipation of a Child in Illinois

The Emancipation of Minors Act was passed in 1980. It allows individuals to become either partially or fully independent from their parents. Emancipation automatically occurs when a child turns 18 and becomes an adult. However, a special emancipation order can expedite the process and allow a 16 or 17-year-old to be emancipated. To become emancipated, teenagers must show that they are mature enough to handle their own affairs. They must also demonstrate that they have already been living partially or completely separate from their parents or guardians.

Child Support When a Minor is Emancipated

When a child is emancipated at age 16 or 17, they are considered an adult. They are expected to provide for themselves and be financially independent. Consequently, a child who is wholly emancipated through a petition for emancipation with the courts no longer receives child support. The parent who was bound to a child support obligation no longer has to pay. If the paying parent, or obligor, has multiple minor children, the emancipation of a child reduces his or her obligation but does not terminate it. The parent is still expected to provide support for the other children.

Contact a Kane County Child Support Lawyer

Emancipation through the courts can allow a teenager to become a legal adult. This means that the obligor no longer needs to provide child support for that child. However, the situation is not always this straightforward and many factors can complicate emancipation and child support matters.

If you have further questions or concerns about child support, contact the St. Charles divorce attorneys at Goostree Law Group. Our skilled team can provide legal support for parents seeking to establish, modify, or terminate their child support obligation. We also help parents enforce child support when a parent is not making payments.

Call our office today at 630-584-4800 for a free consultation.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2094&ChapterID=59