My divorce paper says my child support ends when my son reaches the age of majority which is august 20 2013. The company I work for refuses to end garnishment, stating that the divorce paper did not state a date and they want me to go to court to get this. He also flunked 12th grade and needs 9 more weeks of school in the fall. This is in Illinois. Is my work violating my rights? What is my recourse? John
1 Answer from Attorneys
Your work is not violating your rights. Your support continues until your son graduates, quits school after age 18, or turns 19, whichever occurs first. In your case if he doesn't quit school and does the 9 weeks makeup, your support should terminate when the makeup is concluded. Depending on his school situation, your support could continue until his 19th birthday.
Your job is right to ask for a court order terminating support and it is your responsibility to get it. They face a $100/day fine if they refuse to withhold in the face of a valid support order.
Contact your attorney or see the court clerk about filing a pro se motion to terminate support once your son completes the remainder of his high school coursework.
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