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Do I have to file an order to end child support?

Bolingbrook, IL |
Filed under: Ending child support

My child is going to be completing high school this weekend. She is 18 and will be 19 this June. My ex gets the check directly from my company and my papers state that my obligation is over when she graduates or turns 19 whichever is first. So, is it necessary that I go to court to file something?

Attorney Answers 3

Posted

You need to contact your employer and see if they are going to stop the withholding.m there needs to be a specific date on your child support order. If not you may need to go to court for an order.

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Asker

Posted

My order says 18 or if she was still in high school it was until graduation.

Peggy M. Raddatz

Peggy M. Raddatz

Posted

Yes but it needs a specific date like June 1, 2013. Go talk to your HR today to see what they say. They may require a court order.

Asker

Posted

Ok. Thank you!

Posted

What you'll need to do will depend on what the papers say. Assuming this is your only child (or your youngest child) then if the divorce judgment, uniform order for support and withholding order all include the specific termination date, you're probably all set. If they do not, then you should enter an appropriate order terminating the uniform order for support and the withholding order. Otherwise, you could end up in a bureaucratic nightmare where the SDU keeps withholding, accruing an arrearage or seeking to intercept funds even though it shouldn't.

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Asker

Posted

Where would I get such an order? There is no specific date. It just says when she is 18 but if she is still in high school it would be until she graduates, which is tomorrow. The state does not withhold the money. The order was sent directly to my company and they directly send a check to her father.

Michael R. Stetler

Michael R. Stetler

Posted

That is an improper withholding notice. They likely should not have complied with the withholding notice. Per 750 ILCS 28/20(c)(12) the withholding order MUST "direct any payor to pay over amounts withheld for payment of support to the State Disbursement Unit." This is a mandatory provision and failure to comply makes the withholding notice void. That's academic at this point, though. Forms for a uniform order of support (which can be marked as a terminating order) and a withholding notice/order ( which can also be a terminating norder/notice) can be found in your county courthouse and likely on the circuit clerk's website.

Posted

I agree with the previous answers. The only addition matter you will want to add if you go to court is that there are no arrearages owed and have proof you have paid your full child support obligation in full.

Any answers or information provided is for general information purposes only and is not intended to be a legal opinion, legal advice or a complete discussion of the legal issues. This is not intended to create a attorney-client relationship. Each individual's situation is different and you should seek independent legal advice from an attorney familiar with the laws of your state for specific information.

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