IL child support laws, can child support be terminated if child is not a full time student and on academic probation

College payment: Just received the grades for my daughters 07 and 08 school year. In the fall of 07 she actually took ten (10) semester hours, with a GPA of 2.20. Academic probation occurs when a student has a GPA of 2 or below she also changed her major in the spring of 08.

According to Illinois law, I believe that to be considered a full time student, one must be taking a minimum of twelve (12) semester hours, other wise they are considered a part time student, and the parent in question cannot and should not be held responsible for paying for college.

Given the fact that she took ten (10) hour instead of twelve and did so poorly can I terminate payment for college?
Answer this question Add to list

Answers (4)

Peter LaSorsa

Peter LaSorsa

Contributor Level 6
You would need to have an attorney review your dissolution of marriage judgement and see what exactly the terms are. If you stop paying and a judge doesn't agree with your position you may have a problem. The best course is to hire an attorney and find out your rights after your judgment is reviewed.
0 1
Donald Erwin Ray

Donald Erwin Ray

Contributor Level 5
In Illinois the payment for post majority expenses ( college) is not required as in the case of child support. Please check to make sure that you are court order to pay these expenses.

In the event you are ordered to pay for college I would review your order to see what conditions are listed as a prerequisite to have these expenses paid for. In the orders I preprare we have a grade average listed as well as the part/full time student, which if not met is a basis to have the order reviewed. If your order does not contain a provision regarding grades then the answer to your question would be "no".

The law that controls these expenses is 750 ILCS 5/513. This statute does not require the adult to be a full time student.
0 1
Kevin Lee Linder

Kevin Lee Linder Avvo Pro

Contributor Level 7
You should first look at your Judgement of Dissolution and any orders that have been entered regarding college expenses and then consult an experienced family law practitioner. You did not say how old your daughter is and which year of school is she in - freshman; sophomore; junior, senior? How expensive is the school. What is her major -- is she making progress towards a degree?

She actually is not failing in school -- I think a judge would take that in consideration. If an order states that you have to pay for a portion (or all) of college expenses do not take any unilateral action to terminate paymebnt of college expenses. You would first need to bring a motion to terminate but that might not be successful -- she isn't failing (her grades are average and she just changed her major. If it is a very expensive private school then a judge might be less tolerant of a child not making progress -- if she is going to a community college or state school (or a private school and getting signifcant financial aid) then a judge might be inclined to continue the payment.

Consult an experienced family law attorney.
0 0

treenbell

In new york statw where child support is to 21yrs, if after high school the child does not go to college can
the child support be lowered if the child has a full time job?
2 1
Back to Search Results

Ask a Question

Get free answers from real lawyers.