When it comes to child support, one of the most frequently asked questions is whether it can continue after a child turns 18, especially if they decide to pursue higher education. This is a complex issue that varies by jurisdiction and individual circumstances, but it’s essential for parents to understand the legal framework and possibilities. In this article, we’ll explore the factors that can determine the circumstances that make child support continue if the child is in college.
Legal Age of Majority
In US law, the age of majority is 18. This means that when a child reaches this age, they are considered adults in the eyes of the law, and parents are typically no longer obligated to provide child support. However, there are exceptions when the child is still dependent on the parents because they are still in high school or they are pursuing higher education. To learn more about when child support typically ends check out “When Does Child Support End In Illinois?”
Court Orders and Agreements
Child support arrangements are often established through court orders or agreements between the parents. These documents can specify the terms and conditions under which child support will be provided. If the agreement or order includes provisions for support to continue while the child is in college, then it becomes legally binding and must be adhered to until the specified conditions are met. Some clients wonder if child support can be included in prenuptial agreements. To learn more check out “Can Child Support Be In A Prenuptial Agreement?”
Educational Expenses
Many jurisdictions consider a child’s pursuit of higher education as a valid reason to extend child support. If a child is enrolled in a college or university, the non-custodial parent may be required to contribute to their educational expenses, such as tuition, books, and living costs. However, the specifics can vary greatly depending on the jurisdiction and the judge’s discretion.
The Child’s Relationship with Parents
The nature of the child’s relationship with both parents can also influence whether child support continues during college. If the child has a strong relationship with the non-custodial parent, and that parent wants to contribute to their education, a court may consider this when making a decision. Parents can also decide to write provisions in their child support agreement for continued education so the custodial parent does not have to bear that weight alone. Conversely, if one parent has a strained relationship with the child, the court might be less inclined to order continued support.
Child’s Financial Needs and Resources
The financial needs of the child, as well as their available resources, are factors that can impact whether child support continues during college. If the child has scholarships, grants, or other financial aid, this may reduce the need for continued support. Conversely, if the child’s educational expenses are substantial and not fully covered by financial aid, the court may be more likely to order ongoing support. This support is allocated for reasonable living expenses while at school, tuition, books, and even 2 college entrance exams, 5 college applications, and an ACT/SAT test preparation course.
Also, if the child has special needs, or some sort of disability, then courts can order support to continue longer to accommodate for additional costs regardless of if the child pursues higher education. Sometimes clients wonder if these responsibilities still apply when one parent doesn’t have a job, or is unable to pay. To learn more check out “How Does Child Support Work If The Mother Has No Job?”
The State’s Laws and Guidelines
Each state has its own laws and guidelines regarding child support. Some states have specific provisions that allow child support to continue for college expenses, while others do not. It’s crucial to consult with a family law attorney who is knowledgeable about the laws in your jurisdiction to understand your rights and obligations. In Illinois, state law can allow courts to implement “non-minor support” to children of divorced or separated parents that seek a bachelor’s degree. Courts cannot, however, mandate payments to continue after a bachelor’s degree is earned or the child reaches the age of 23. To continue receiving support the child must also have a cumulative C average GPA. The exact requirements are included in 750 ILCS 5/513.
Court Discretion
In many cases, the court has the discretion to decide whether child support should continue during college. The judge will consider all relevant factors, including the child’s age, educational goals, financial needs, and the ability of the parents to provide support. Courts make decisions while keeping the best interests of the children in mind. Therefore, it’s essential to present a strong case and provide evidence to support your position if you want child support to continue beyond the age of 18.
You can always check your local county courthouse’s website for more information about the courts in your area.
Conclusion: Can Child Support Continue if the Child is in College?
In conclusion, child support continuing after the age of 18 when a child is in college is a complex issue that depends on various factors, including jurisdiction, court orders, the child’s relationship with parents, financial needs, and more. Parents should consult with an experienced family law attorney, like those at KGN Law Firm, to navigate this matter effectively. Understanding your rights and responsibilities is crucial to ensuring the best outcome for both parents and the child involved. Ultimately, the goal is to prioritize the child’s education and well-being while adhering to the legal framework in place.
MEET WITH AN ILLINOIS FAMILY LAW ATTORNEY TODAY
The Family Law attorneys at Koth Gregory & Nieminski understand that your family is the top priority, which is why we offer SAME-DAY APPOINTMENTS. If you need a divorce or other family law services, you can schedule your first meeting through our online appointment calendar. We look forward to meeting you.
Disclaimer: This article (Can Child Support Continue if the Child is in College?) may contain information that is outdated as Illinois law continuously evolves. Meeting with an experienced family law attorney is the best way to ensure you are receiving the most current information to answer the question Can Child Support Continue if the Child is in College?
Published by Dustin Koth on August 16, 2024
