Divorce is already a complicated process, but when there are dependents involved, it further complicates matters. Children are the typical dependents involved in a divorce, and most financial support will end when the child reaches eighteen years of age or graduates from high school. There are other instances, however, in which additional support may be required for a dependent who is no longer a minor. 

Just because your child reaches the age of eighteen does not mean they no longer need support. A divorce disrupts many things, but the parents and the courts can work together to find what will be best for a dependent’s future.

What Instances Would Require Non-Minor Child Support?

The state of Illinois can require support for someone over the age of eighteen in a few specific circumstances. While many factors go into the decision of the court to instate support for a non-minor, the two main reasons are education and the health of the child.

When parents divorce, it is standard for the parent with less parenting time to pay child support to help finance their children’s needs. Children have the right to be financially supported by their parents in Illinois. Most child support orders from the court end when the children involved turn 18 years old and become an adult. However, there are circumstances where child support payments are extended to non-minor children.

When is Non-Minor Child Support Required?

There are a few key reasons the court may require non-minor child support payments from a parent. Below are the three most common reasons that Illinois may extend child support payments for children over the age of 18.

• Educational Expenses — The most common reason parents pay child support for children over 18 years is for college or other post-secondary educational expenses. College tuition and additional costs involved with university or a post-secondary educational program can be costly, especially for only one parent to pay alone. It is common for parents to petition for extended child support to assist with college expenses. These expenses typically include tuition, room and board, clothes, textbooks, food, school supplies, and other necessities.  

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When couples that have children together decide to file for a divorce, many challenging questions arise regarding how to continue raising and supporting the children. These questions include who will retain the majority of parenting time, where the children will live, how parents will divide custody and visitation time, and which parent will be required to pay child support. Child support is the amount of financial assistance that the parent with less parenting time will pay to the parent with the greater amount of parenting time. These payments are usually a part of a divorced couple's divorce agreement, and they are calculated using the Income Shares Model to ensure both parents' financial situations are being considered. 

Using the Income Shares Method for Child Support Calculation 

The Income Shares Model is a financial tool used to calculate child support payments in a way that is equitable and fair. The court will weigh both spouses' individual incomes and financial responsibilities against each other to determine how much child support to award the parent with the majority of parenting time. 

Parents can understand the Income Shared Method by breaking it into five key steps: 

The cost of attending college or university has skyrocketed in the last few decades. It is more expensive than ever to attend a two- or four-year college program. If you are a parent who is in the process of divorcing or already divorced, you may wonder how you and your ex will cover this cost. Will you split college tuition and housing costs 50/50? What if the other parent refuses to contribute to your child’s college education?

Illinois Law Regarding College Expenses for Divorced Parents

Illinois is unique in the fact that the state can require divorced parents to contribute to their child’s college education. Many parents are surprised to learn that mandatory financial support may continue even after the child has turned 18 and graduated high school.

Unlike child support payments, which are calculated using a specific formula that uses both parents’ net incomes, the amount a parent may be required to contribute to college expenses varies. Illinois courts have discretion to determine how much each parent pays. If the parents cannot agree on how to cover college costs, the court will divide costs between the parents. Sometimes, the child himself or herself is also expected to contribute to his or her college education.

Child support payments help unmarried and divorced parents share child-related costs. In Illinois, child support is usually calculated using the Income Shares formula. Each parent’s net income is factored into the formula so that the amount of child support is reasonably affordable and allows the child the same standard of living as he or she would experience if the parents were married. Unfortunately, calculating child support is not always this straightforward. Unusual income sources, unemployment, financial deception, and other issues can complicate child support calculations significantly.

What Counts as Income?

The amount of child support a parent pays is based on a carefully designed formula that uses each parent’s net income. Net income includes not only wages, but all other forms of income as well. Bonuses, commissions, self-employment income, income from rental properties, investment income, pensions, Social Security, inheritance, and even personal injury settlements or workers’ compensation awards may count as income. Net income excludes taxes and child support or spousal support orders from a previous relationship.  

What if a Parent Lies About Their Income?

Unfortunately, some parents are less than forthcoming about finances during a divorce or child support proceeding. If your spouse is not disclosing all income sources, contact a family law attorney for help. Child support payments should always be based on the most up-to-date, accurate financial information.