Termination

Parents can, however, confirm when the support obligation (including also the obligation for college expenses) for each specific child terminates within the context of the applicable law. IMDMA §510(d) specifies:

Unless otherwise provided in this Act, or as agreed in writing or expressly provided in a judgment, provisions for the support of a child are terminated by emancipation of the child, or if the child has attained the age of 18 and is still attending high school, provisions for the support of the child are terminated upon the date that the child graduates from high school or the date the child attains the age of 19, whichever is earlier, but not by the death of a parent obligated to support or educate the child. An existing obligation to pay for support or educational expenses, or both, is not terminated by the death of a parent. When a parent obligated to pay support or educational expenses, or both, dies, the amount of support or educational expenses, or both, may be enforced, modified, revoked or commuted to a lump sum payment, as equity may require, and that determination may be provided for at the time of the dissolution of the marriage or thereafter. [Emphasis added.]

In the absence of express language in a private agreement, this provision governs.

In Finley v. Finley, 81 Ill.2d 317, 410 N.E.2d 12, 43 Ill.Dec. 12 (1980), the Supreme Court of Illinois addressed a precursor provision, which was comparable in all salient respects, finding that former §510© was not intended to allow a parent to lessen but rather only to expand the support obligation. The ruling in Finley was that a father could not unilaterally and automatically reduce the child support on a pro rata basis as each of his several children reached majority. This principle has been reiterated in several cases, including but not limited to In re Marriage of Bjorklund, 88 Ill.App.3d 576, 410 N.E.2d 890, 43 Ill.Dec. 757 (1st Dist. 1980).

Parents can provide for certain reductions upon the emancipation of one or more of their children in written marital settlement agreements. Such an agreement is not, however, binding on a court. In re Marriage of Erickson, 136 Ill.App.3d 907, 483 N.E.2d 692, 91 Ill.Dec. 346 (2d Dist. 1985). See also §4.77.

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