Does Child Support Stop If the Child Becomes a Ward of the State in Illinois?

Ward of the Court

• A child becomes a ward of the Illinois court when he requires the protection of the court. This occurs when the court determines that the child is subject to neglect or abuse by either one or both parents. But this decision is not taken lightly and is based on investigative measures. The relief of parental rights is a decision made by the Illinois judge presiding over the case, and his decision is based on the best interest of the child.
  
  

Adoption

• If the child is being relinquished either voluntarily for the purposes of adoption, the court will in most cases dismiss child support obligations of both natural parents. However, depending on the case, there may be exceptions to this: For example, parental obligations may not terminate if the child is under the care of a relative, or if the state agency believes the termination of parental obligations not to be in the best interest of the child.
  
  

Voluntary

• The voluntary relinquishment of parental rights does not necessarily relinquish a parent's financial obligations. Most Illinois courts perceive a parents voluntary relinquishment of parental rights as a way of the parent also avoiding parental financial responsibility. In most cases, parents who do not contest neglect or abusive behaviour to their children must meet their financial responsibility as parents, but again the final decision is made by the presiding judge who must make his decision based on the child's best interests.
  
  

Involuntary

• Involuntary termination of parental rights occurs when specific circumstances occur that do not allow the child to return safely to the home. These circumstances may place the child at risk of being harmed by the parent, or may prevent a parent from providing for a child's basic needs. The most common reasons for this involuntary removal of a parents rights is severe abuse, neglect, abandonment, mental illness, alcohol issues or the failure to maintain contact with the child. However, the removal of these parental rights by the state, does not mean the parental obligations are also removed, although in some cases, an Illinois judge may consider it in the child's best interest to remove all attachments both financial and personal to the child.