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Post-majority support is child support for someone who has reached or is over the age of 18. Illinois law requires the courts to consider all relevant factors that appear reasonable and necessary, including:

1. the financial resources of both parents
2. the standard of living the child would have enjoyed had the marriage not been dissolved
3. the financial resources of the child

Financial resources of both parents

If one parent’s income is substantially higher than the other parent’s, the court will consider this in determining the amount of support each parent will be required to provide.

Standard of living

If the marriage had not been dissolved, what standard of living would the child have had? Has one parent experienced a higher standard of living? If so, the child should be entitled to take part in that higher standard.

Financial resources of the child

If the child has their own source of income outside of his or her parents, the court will consider this. The court will take into account the amount of money the child is earning from outside sources when deciding the amount of support each parent will be required to provide.

Unlike child support, there is no formula used to determine how college expenses will be divided. Every case is decided based on the unique facts of the specific family. Beyond the financial situation, the Judge will also look at the college plan of the student to determine if it is realistic. Sometimes it’s a 50-50 split, other times everyone pays 1/3, sometimes it’s nothing. It really just depends on the facts.

Unless agreed to otherwise, a Judge will not award continued child support to the custodial parent once the age of majority is reached. The biggest exception to this is if you have a physically or mentally disabled child.

Does this sound confusing? It can be. Having a lawyer who has handled hundreds of these cases can often be the difference between getting what you want or getting taken advantage of. If you would like our help in finding an attorney or if you simply just have questions, please contact us at any time.