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  1. #1
    Join Date
    Jun 2008
    Posts
    1

    Default What Is Meant By Attains Full Emancipation?

    My question involves emancipation laws for the State of: Illinois

    In Illinois the age of emancipation is 18. My daughter turned 18 last week and I have been paying child support to my x-wife. The divorce decree states I shall support the "minor" child, and I shall continue to support her until she "attains full emancipation". She has finished high school, and has a job. My x says since she still lives with her she is not fully emancipated. I disagreed saying as soon as she turned 18 she attained full emancipation. Who is right?

  2. #2
    Join Date
    Jul 2006
    Posts
    2,652

    Default Re: What Is Meant By Attains Full Emancipation?

    You are, unless there was an agreement or the child has a disability.

    (750 ILCS 5/505) (from Ch. 40, par. 505)

    g) An order for support shall include a date on which the current support obligation terminates. The termination date shall be no earlier than the date on which the child covered by the order will attain the age of 18. However, if the child will not graduate from high school until after attaining the age of 18, then the termination date shall be no earlier than the earlier of the date on which the child's high school graduation will occur or the date on which the child will attain the age of 19. The order for support shall state that the termination date does not apply to any arrearage that may remain unpaid on that date. Nothing in this subsection shall be construed to prevent the court from modifying the order or terminating the order in the event the child is otherwise emancipated.

    -------------

    (755 ILCS 5/11‑1) (from Ch. 110 1/2, par. 11‑1)

    Sec. 11‑1. Minor defined.)

    A minor is a person who has not attained the age of 18 years. A person who has attained the age of 18 years is of legal age for all purposes except as otherwise provided in the Illinois Uniform Transfers to Minors Act.

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