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MIAMILAW1127, Family Law Attorney
Category: Family Law
Satisfied Customers: 755
Experience:  Founding Partner at Moises Law, P.A.
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I have two children and am divorced. I pay child support and

Customer Question

I have two children and am divorced. I pay child support for them and the state is taking it out of my paycheck. I am able to claim my oldest son on taxes and my ex claims our youngest via the initial child support documents in the state of IL.
My oldest child is 18 and will be finishing high school within the next 2 or 3 months. It could be April, May or June depending on when he finishes his class.
Will I need to go to court to reduce child support when my son graduates? Will I be reimbursed for any excess they take out if he graduates early? While I pay child support for my youngest, will I now be able to claim him?
Thanks so much for your time!
Submitted: 1 year ago.
Category: Family Law
Expert:  MIAMILAW1127 replied 1 year ago.

Hello. Thank you for contacting me. I am a consultant here and I am looking forward to assisting you with your question. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Please be patient as I will be typing my responses to you from scratch. Also, I can only answer/address the questions you ask specifically based on the information your provide. Please try to provide as much information as possible so I can best assist you.

Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

The short answer is it depends. If your child support order doesn’t list a date of termination, you must keep paying child support until a judge issues a court order that ends your duty to pay. If you simply stop paying without a judge’s order, you risk being held in contempt of court for failing to pay child support. If the order doesn't state the date, then you will need to go to court to request a termination once the child is 18.

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Customer: replied 1 year ago.
if there is no date I need to actually wait until he graduates before going to court?
Will I be reimbursed for extra that is taken while I go to court for termination?
Will the court usually allow me to claim my youngest then if I'm paying for child support for him?Thank you.
Expert:  MIAMILAW1127 replied 1 year ago.

You only have to wait until he turns 18.

You should be reimbursed, but it is a lengthy process you will want to avoid.

Yes they will.