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Chicago Divorce Lawyers & Attorneys

April 20, 2007

Emancipation Under The IMDMA

Filed under: Emancipation — David Siegel @ 6:55 am

 Section 510(a) of the Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5/510(a), imposes conditions for modifying an order of support and, on its face, makes no exception for extending the period during which the parent must pay support; there was no change in circumstances within the meaning of 750 ILCS 5/510(a)(1) in a child’s eighteenth birthday coming birthday coming before his graduation from high school where the parties must have know, from the child’s birth date, that he would reach the age of majority before graduating from high school. Waller v. Waller
 Minor child was not emancipated prior to her reaching age 18 where she earned approximately $41 per week from her part-time job, she did not seek to be financially independent and she had not abandoned her mother’s home despite the fact that she quit school against her father’s wishes. In re Donahoe
 The modification of a divorce decree was not arbitrary or capricious where the reduction of child support payments was justified by the substantial change in circumstances consisting of the fact that two of the plaintiff’s children had reached majority and ceased to be under plaintiff’s care and custody. Thomas v. Thomas
 Where by stipulation at the time of divorce, a former husband agreed to pay child support only during the minority of his children, appellant’s legal obligation to support his daughter ceased on her eighteenth birthday. Stecher v. Stecher

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It's content refers only to the law of the State of Illinois.