Non-Court Ordered Child Support After 18 and Graduated

[yjoe10]

My question involves child support in the State of: Illinois
I have an 18 year old daughter and graduated from high school. I have paid non court order child support for 18 years without question. Now that she has reached 18 and graduated I contacted the mother and told her I will not be paing any more support. She then became irate and threatened to file a court order on me to continue to pay her. My daughter is going to be attending a 4 year college. My ex lives in Illinois and I live in Iowa. So does the order come form Illinois?

Can she file an order on me after 18 and will I have to continue to pay her?

[aardvarc]

Mom can threaten all she wants, but the legal reality is that she waited too long. Now that the child is an adult, mom doesn't have standing to seek an order at this point - she'd only be able to negotiate an order that was already in place. If she never bothered to get an order through the courts, it's too bad now.

[yjoe10]

I just got a text from my ex. She claim to have a hearing scheduled 9-11-2012. Should I be worried? Why was I never notified?

[Mr. Knowitall]

Should I be worried?

That depends upon the language of the prior order, the full facts, and the laws of whatever state it is in which the petition is pending.

Why was I never notified?

We would have no way of knowing. Perhaps notice is in transit.

[yjoe10]

That depends upon the language of the prior order, the full facts, and the laws of whatever state it is in which the petition is pending.

There was never any court order! The state she is filing is Illinois. Am I able to contact some one about this hearing?

[Mr. Knowitall]

You can inquire about the status of the hearing with the court in which the hearing is pending; I doubt that they can tell you much. You can retain a lawyer to represent you at any hearing.

You have given us no context for this action, so do so now. This is or is not a child born while you were married to the mother? A prior custody order was or was not issued - and if it was, when and in what state?

[yjoe10]

Never married, we agreed to an amount of child support with out the courts and I have never missed a payment. Child is now 18 and headed to college and the mother wants me to continue pay child support. I stoppede paying after she reached 18 and graduated. Thats all I know. I'm just courious if she has a case to get some more money out of me or am I done with her? Im 18 years I have only seen my child a hand full of times. Not that I have not tried just they always have stuff to do

[711]

See I heard that if you are 18 years old but you are going to college/in college that you still have to pay child support.

[Mr. Knowitall]

If you are able to confirm that something has in fact been filed, please get a copy and share the details.

At first blush, with your child being over the age of 18 and a high school graduate, I question whether she is still a "child" such that a support action would be timely. (750 ILCS 5/505, "For purposes of this Section, the term "child" shall include any child under age 18 and any child under age 19 who is still attending high school.") But as they say, the devil is in the details.

[yjoe10]

If you are able to confirm that something has in fact been filed, please get a copy and share the details.

only a text form my ex telling me there is a hearing 9-11-2012 @ 1:30pm . I have no other confirmation.