Terminate Court Ordered Child Support
If you truly believe the support agreement to be unfair, you should first request to reduce the payments with the court.
For Immediate help with your family law case or answering any questions please call (312) 757-8082 now!
Grounds for Terminating Child Support Early
Like we mentioned before, there are a few specific instances while child support may terminate before the agreed upon end date:
- Child Emancipation
- If a child files to be emancipated from one or both of the parents the court may allow for the termination of payments. A child who has been granted legal emancipation is considered an adult even if they're under 18 years old. This is also true if they join the military before the support order ends.
- Child Gets Married
- In Illinois it is legal to be married after the age of sixteen (albeit with parental permission), meaning there is a possibility of them getting married before child support ends at 18. If a child gets married they're considered independent and no longer eligible to receive aid from child support.
- Terminate Parental Rights
- If the court or other circumstances terminate a parent's parental rights then the obligation to pay child support would end with it. This would also be true in a case where a new spouse is willing to legally adopt the children, terminating the parental responsibilities of the former spouse.
- Third Party Child Adoption
- During an adoption from a third party (such as a grandparent or stepmother or father), parents who previously had the responsibility of caring for a child no longer bear the responsibility, which means the obligation of paying child support also ceases.
Are you ready to move forward? Call (312) 757-8082 to schedule a strategy session with one of our attorneys.
Frequently Asked Questions
How to terminate child support in Illinois?
To end child support in Illinois, you have to file a motion to terminate child support. Once this is filed, there will be a court date to assess the situation. If the requirements to end support have been met, it will end.
How to stop child support in Illinois?
To stop paying child support in Illinois, your situation must meet one of the factors listed above. You end it by filing the correct paperwork and getting an okay from the courts. You cannot simply stop paying because you believe you are done.
If you don’t go through the right process, the other party can file to enforce the current child support order.
How to get out of child support?
The only way to get out of paying child support is to take on more time with the child or terminate your parental rights. However, if you just need to stop paying for a time, you can file to modify child support. You can file for this when your situation changes, such as if you lose a job or have another child.
Can you cancel child support in Illinois?
It depends on what you mean by cancel. If you mean you want to cancel your arrears, the back child support owed, that can be canceled if the other party agrees to it. But if you mean, can you cancel it if it was ordered, not usually. One way to cancel it would be if you could prove you are not the biological parent of the child.
How do I cancel my child support case?
Once a child support case is started, it can only be stopped if both parties agree to stop it. Because either party could be the one who would receive the support, you have to wait until there is an order.
If the person who would be receiving child support doesn’t want it, they are able to decline it.
How do I stop child support when my child turns 18 in Illinois?
When your child turns 18, you can file a motion to terminate child support with the courts. But if the child is still in high school, you will have to keep paying.
Also, not everyone stops paying child support once the child turns 18. Some people continue to pay child support while the child is in college.
Can a custodial parent waive child support in Illinois?
Yes, a parent who is receiving child support can waive it if they don’t want it. Unlike alimony, even if they waive it at one point, they can file later to get it if their situation changes.