IL Child Support Laws. Can child support be terminated if Child is no longer in the custody of the custodial parent?

Asked over 4 years ago - Streator, IL

Prior to child's recent arrest, the child (17 years of age) was serving a 18 month probation (started in Sept '09) for aggravated robbery. The child had recently violated that patrol by unlawful/aggravated use of a loaded hand gun without FOID in the city limits of Chicago. LAW: It is unlawful for any person under the age of 18 to possess, or concealable firearm.

The child is now in the custody/incarcerated of Department of Correction on a $30,000 bond. More than likely, the child will serve the remaining months of the 18 month probation in jail and any addition time pending unlawful gun case.

The child will turn 18 years of age Aug '10. If the child is sentenced anytime now and beyond 18th birthday, can support be terminated on the ground the child is no longer with custodial parent

Additional information

The child is being charge as an adult because he's over the age of 16 and is being detained Cook County Correctional facility with criminals - of all ages - who have committed harsher to similar crimes. So the child will not be held in a Juvenile facility.

Attorney answers (1)

  1. Leslie J. Fineberg

    Contributor Level 9

    1

    Lawyer agrees

    Answered . Child support due to the custodial parent can be terminated. If the child is placed in a juvenile facility, the State can ask that the child support be redirected to them.

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