When a child support order is entered in Illinois, that order is either written on a self-composed order by the child support receiver (or their attorney), or that child support order is the county’s Uniform Order For Support. Either order is supposed to include an end date for child support. “An order for support shall include a date on which the current support obligation terminates. The termination date shall be no earlier than the date on which the child covered by the order will attain the age of 18. However, if the child will not graduate from high school until after attaining the age of 18, then the termination date shall be no earlier than the earlier of the date on which the child’s high school graduation will occur or the date on which the child will attain the age of 19.” 750 ILCS 5/505(g) If the self-composed order has an end date for child support or if the Uniform Order For Support has the termination box checked with a date of final child support, no child support is owed after that date. Few divorced parents apply proper attention to that date as the termination of child support date is far in the future. In the meantime, the child support receiving parent will garnish or withhold child support from the child support paying parent’s check. “[E]very order for support entered on or after July 1, 1997, shall…[r]equire an income withholding notice to be prepared and served immediately upon any payor of the obligor by the oblige” 750 ILCS 28/20(a) “The income withholding notice shall: … direct any payor to withhold the dollar amount required for current support under the order for support;” 750 ILCS 28/20(c)(2) Child support in Illinois stops once the child has reached the age of 18 and graduated from high school or has reached the age of 19. “[T]he term “child” shall include any child under age 18 and any child age 19 or younger who is still attending high school.” 750 ILCS 5/505(a) Income Withholding Orders do NOT include a termination date reflecting the child’s 18th birthday or graduation date. If the child support is being withdrawn by the State Disbursement Unit (it almost always is), the child support will be terminated by the State Disbursement Unit according to the termination date in the underlying order. Otherwise, a parent must go to court to […]
from Russell D. Knight | Family Lawyer Chicago https://rdklegal.com/overpayment-of-child-support-in-illinois/
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