ILCS » Chapter 305 · Act 5
Illinois Compiled Statutes

305 ILCS 5/10-2 (2026)

Extent of liability

✓ current as of May 2026
Find cases: SyfertCases citing this section IL-ILGAilga.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar
(305 ILCS 5/10-2) (from Ch. 23, par. 10-2)
    Sec. 10-2. Extent of liability. A husband is liable for the support of his wife and a wife for the support of her husband. Unless the child is otherwise emancipated, the parents are severally liable for the support of any child under age 18, and for any child aged 18 who is attending high school, until that child graduates from high school, or attains the age of 19, whichever is earlier. The term "child" includes a child born out of wedlock, or legally adopted child.
    The liability for the support of a child provided for in this Article does not require a previous court order for custody and is in conjunction with the guidelines set forth in Section 505 of the Illinois Marriage and Dissolution of Marriage Act, as provided for in Section 10-10 of this Article. The obligation to support contained in this Article is concurrent to any other appropriate State law.
    This Article does not create, enlarge, abrogate, or diminish parental rights or duties under other laws of this State, including the common law.
    An action to establish or enforce a support obligation, under this or any other Act providing for the support of a child, may be brought subsequent to an adjudication dismissing that action based on any of the following reasons: (1) no duty of support exists under this Article because this Article requires a previous court order for custody/allocation of parental responsibilities (as no such requirement exists under this Act); (2) there is no common law duty of support (as a common law duty of support is recognized as a valid basis for child support); or (3) there is no duty of support under the Illinois Parentage Act of 2015 because a judgment of paternity results in a de facto custody/allocation of parental responsibilities order (as this ignores the cumulative nature of the Act and the plain language of the statute permitting an explicit reservation of the issue. The Illinois Parentage Act of 2015 will be clarified regarding a de facto custody/allocation of parental responsibilities order as it relates to the Uniform Interstate Family Support Act).
    In addition to the primary obligation of support imposed upon responsible relatives, such relatives, if individually or together in any combination they have sufficient income or other resources to support a needy person, in whole or in part, shall be liable for any financial aid extended under this Code to a person for whose support they are responsible, including amounts expended for funeral and burial costs.
(Source: P.A. 102-541, eff. 8-20-21.)

    
Notes of Decisions
Cited in 7 cases, 1995–2016 · leading case: Clark v. Child.'s Mem'l Hosp., 955 N.E.2d 1065 (Ill. 2011).
Sort: Relevance Newest Treatment
Clark v. Child.'s Mem'l Hosp., 955 N.E.2d 1065 (Ill. 2011). “" 305 ILCS 5/10-2 (West 2006). ¶ 48 Thus, although the legislature for a time imposed a parental support obligation to support dependent adult children, it abandoned that policy decades ago.”
Stockton v. Oldenburg, 713 N.E.2d 259 (Ill. App. Ct. 1999). “Since the statute does not authorize an award of maintenance to the mother and the father would not be responsible to reimburse for public aid to support the mother, ordering the father to pay the mother's lost wages would be an inconsistent result.”
Jacobson v. Dep't of Pub. Aid, 646 N.E.2d 949 (Ill. App. Ct. 1995). · cites it 3× “" 305 ILCS 5/10-2 (West 1992). In December 1990, the plaintiffs' daughter, Pamela, applied for and received AFDC for herself and her infant son.”
The Dep't of Healthcare & Fam. Servs. ex rel Nieto v. Arevalo, 2016 IL App (2d) 150504 (Ill. App. Ct. 2016). “Section 10-2 provides that - 11 - 2016 IL App (2d) 150504 parents are severally liable for the support of any child under age 18 (305 ILCS 5/10-2 (West 2014)). The statute empowers the Department to provide child support enforcement services on behalf of aid recipients and…”
United States v. Kathleen Lestina (7th Cir. 2011). “Spouses have a general obligation to support each other, see 305 ILCS 5/10-2; Poindexter v. State ex rel.”
United States v. Kathleen Lestina, 392 F. App'x 488 (7th Cir. 2010). “Spouses have a general obligation to support each other, see 305 ILCS 5/10-2; Poindexter v. State ex rel.”
Stockton v. Oldenburg (Ill. App. Ct. 1999). “305 ILCS 5/10-2 (West 1996). If a father can be ordered to pay child support retroactive to the date of the child's birth, ordering him to pay lost wages would be a form of mainte­nance for the mother.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.