Can I terminate my child support if my two sons are now emancipated?
Question Details:
Both of my sons are now adults and emancipated. Neither are in college and they both have jobs. My original child support order does not have an termination date. Do I need a lawyer to file for termination of child support or can I file personally with the court? If I can, what forms do I need?
In Illinois, child support usually ends when a child becomes "emancipated." Illinois law defines emancipation as the child's 18th birthday and has completed his or her education, marries, is self-supporting living on his or her own, or joins the military.
The termination is not automatic and the duty to support continues unless and until an order is entered by the court. You need to file a Petition for Termination. As for whether or not you can do it on your own, I may not take that chance. But I would at least consult a knowledgeable attorney in your area who is familiar with the cases that define emancipation to know whether your child support obligation may be terminated and go from there. Each case is determined by the facts that are specific to it. After consultation you may go to the court that retained jurisdiction on the support issues (check the order or agreement) and speak with the clerk on what forms you will need for your county in particular. Good luck.

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