Is it typical for child support to be extended?

Question:

I had a child support order entered in Illinois in 1995 that stipulated I pay support until my son turned 18 years old in January 2010. Since then my wife and son moved to Georgia and I moved to New York. I learned today that support was extended until May while he’s still in high school. Is this typical? And why wasn’t this addressed when the order was entered 15 years ago?

 

Answer:

You need to contact an attorney in Illinois immediately.  Do you know whether the extension was made by a court in Illinois, or was it a court in Georgia?  If you find out that Georgia ordered the extension, you would need to contact an attorney licensed in Georgia.  Each state has different laws governing the payment of child support.  I do not practice in either state, however, Cordell & Cordell has many attorneys licensed and located in Georgia and Illinois who would be happy to help.

Most states have a law which requires a parent to provide support for his/her child until the child is 18 or 19 so long as the child is pursuing a high school diploma.  This could have been a law which was passed after your order was entered 15 years ago.  Your attorney will be able to tell you whether the extension was proper based on a review of the appropriate state laws.

 

 

Erica Christian is an Associate Attorney in the Milwaukee, Wisconsin, office of Cordell & Cordell, P.C. She is licensed to practice law in the state of Wisconsin. She is a member of the Wisconsin Bar Association, the Family Law Section and the Children’s Law Section.

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