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Illinois Order Terminating Child Support for Multiple Children

State:
Illinois
Control #:
IL-SKU-0005
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Description

Order Terminating Child Support

An Illinois Order Terminating Child Support for Multiple Children is a court order issued by an Illinois court that terminates the responsibility of a parent to pay child support for multiple children. This order can be issued for a variety of reasons, including the emancipation of all the children, the death of the parent obligated to pay, or when the paying parent has fulfilled their financial obligations. There are two types of Illinois Orders Terminating Child Support for Multiple Children: voluntary termination and involuntary termination. A voluntary termination is issued when both parents agree to terminate the child support obligation. An involuntary termination is issued when only one parent requests it. In either case, the court will review the evidence and make a determination on whether to terminate the child support agreement.

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FAQ

In Illinois, you cannot directly pursue your ex-husband's new wife's income for child support. The obligation remains with your ex-husband, and any income he may have from a new spouse does not alter this responsibility. If you feel a modification is necessary, exploring an Illinois Order Terminating Child Support for Multiple Children could be a potential avenue.

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.

In order to terminate child support because of an emancipated child, there has to be an actual petition for emancipation filed in the Illinois courts. Emancipation is not just automatically presumed if the child moves out, gets married, or joins the military.

How do I terminate child support? You must file a Motion to terminate child support and a Notice of Motion with the Clerk of the Circuit Court and then appear in front of a judge. A form motion is available in the law library or on-line at .

In Illinois both parents have a duty under the law to financially provide for their child or children. Both parents' financial income is utilized in calculating the child support obligation payment that the paying parent (non-custodial parent) must pay to the receiving parent the (custodial parent).

This means that child support payments are based on both parents' income and how much more the higher-earning parent makes, but there is no law that caps child support at any specific dollar amount.

A circuit court may invoke the law any time a judge rules that a parent is at least 90 days behind on child support payments. The court notifies the Secretary of State's office that the parent is in contempt of court for failure to pay child support.

If there is no child support order in place, the multi-family adjustment will be the amount of child support that a person actually pays or 75 percent of what they would be required to pay if their child support obligations were calculated under the current guidelines in Illinois law.

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Illinois Order Terminating Child Support for Multiple Children