Can Back Child Support Be Forgiven in Illinois if the Child Is Grown?

 Posted on July 25, 2025 in Child Support

When a child turns 18 or graduates from high school, child support typically ends. However, what does this mean for an unpaid balance? In Illinois, you will likely have to continue paying. Back child support, also called "arrears," remains legally enforceable even after the child becomes an adult. A Wheaton, IL child support attorney can help you understand your rights and explore options for resolving these debts.

Is There a Statute of Limitations on Child Support Enforcement in Illinois?

Illinois law does not limit how long the state or a parent can collect unpaid child support. According to 750 ILCS 5/505(g-5), if child support is still unpaid when the child reaches maturity, the obligation becomes a judgment by law and continues until paid in full. This means that enforcement actions, such as wage garnishment or tax refund interception, can occur decades later. In addition, 750 ILCS 5/510(d) confirms that judgments for unpaid support do not expire and may be collected at any time. There is no automatic forgiveness just because a child becomes an adult.

What Are the Options for Paying Child Support Arrears in Illinois?

Since child support debt cannot be erased without court approval, several methods are commonly used to collect:

• Installment payment plans: Courts may approve a payment schedule based on your ability to pay.

• Wage garnishment: Employers can be ordered to deduct a portion of your paycheck to cover arrears.

• Tax refund seizure: The government may intercept state and federal refunds and apply them toward your child support arrears.

• Asset liens: Liens may be placed on property or bank accounts until the support is paid.

Failure to pay can lead to penalties beyond the financial consequences. For example, your driver’s and professional licenses can be suspended. If you are unemployed, Section 505 of the Illinois Marriage and Dissolution of Marriage Act states that you could be required to participate in job training or employment programs while enforcing payments.

Can Back Child Support Be Forgiven in Illinois?

Forgiveness is not automatic and is rarely granted. However, if the parent receiving support agrees to waive part of the arrears, and a judge approves, some relief is possible. The court must find the agreement fair and not against public interest, especially if public assistance was used to support the child.

Judges consider your financial status, past compliance, and whether the waiver serves the child’s best interests. Even if both parents agree privately, forgiveness is not valid without a court order.

Schedule Your Free Consultation With a Wheaton, IL Child Support Attorney Today

If you are facing unpaid child support or seeking a solution to long-standing arrears, legal guidance can make a critical difference. Clients consistently praise Andrew Cores Family Law Group for their professionalism, responsiveness, and deep understanding of complex family dynamics.

Attorney Andy Cores, a seasoned litigator and mediator, is currently a Fellow of the Collaborative Law Institute of Illinois and a past member of its TEC Committee. He is widely recognized for delivering clear, results-driven counsel in both settlement and courtroom settings. Contact our experienced DuPage County, IL child support lawyers to discuss your options. Call 630-871-1002 for a free consultation.