Legal Question in Family Law in Illinois

My ex husband and I have been divorced for a year now. My ex and I had reached an agreement that my son who is currently 19 year old son would live with him because the college is minutes from where he lives. We have been separated for two years and divorced for one. I'm being told now that my ex wants to file for child support against me because of the fact that my son lives with him and he is covering all of the educational expenses. Child support was never in the divorce decree and when we separted my child was 16 at the time.

My questions is this? Can an order of child support be filed for a child who is currently 19 years old. He states he wants to try to collect support because at the time when my son lived with him he was 16 years old and he'll be in college till at least he's 21 years old

Asked on 5/07/13, 12:30 pm

1 Answer from Attorneys

Jonathan Shimberg SHIMBERG and CROHN, P.C.

Child support stops when a child reaches 19. He can ask that you be ordered to contribute to the child's college education expenses from your income AND YOUR ASSETS - a different test than child support. Your deal regarding child support may not be of any importance to the court.

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Answered on 5/07/13, 12:34 pm

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