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630-575-8585

2015 Spring Road, Oak Brook, IL 60523

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Can My Adult Child Receive Child Support if He or She Is Disabled?

Posted on in Divorce

Burr Ridge child support attorney

According to Illinois divorce laws, child support obligations are calculated using a method called the “Income Shares” model. In order to determine a child support order that is feasible and adequately provides for the child’s needs, this model takes each parent’s net income, parenting time, and other factors into consideration. Most child support orders terminate when the child turns 18 years old and graduates high school. However, sometimes a child has special needs that require non-minor child support well into adulthood.

Child Support for an Adult With a Disability

Once a child is able to become financially independent and start his or her adult life, child support payments are typically no longer necessary. However, if a child has a disability, he or she may need the financial assistance provided through child support as an adult. Either parent may petition the court for non-minor child support if a child has any type of mental, physical, or intellectual disability. When determining a child support order for a disabled adult child, the court will consider a variety of factors, including:

  • Each parent’s financial circumstances

  • The child’s financial resources, if any

  • The standard of living the child would have experienced if his or her parents were married

  • Financial resources such as Supplemental Security Income, the support provided by the Home-Based Support Services Law for Mentally Disabled Adults, and other government benefits

If the adult child is living with and being cared for by a parent, the court typically orders child support payments to go directly to that parent. If the adult child is living in a community home for disabled adults or is otherwise living away from home, the court may order parents to place funds into a special needs trust that will benefit the child.

A wide range of disabilities can qualify an adult child for child support. According to Illinois law, a disability is defined as a “physical or mental impairment that substantially limits a major life activity.” It should be noted that in order for a disabled adult to qualify for child support, the disability must have been present when the child was under 18 years old or otherwise qualified for standard child support.

Contact a Cook County Child Support Lawyer

Child support can be a tremendously valuable resource for disabled adults and their parents. If you have a child with a disability, and you want to learn more about your child support options under Illinois law, contact Botti Marinaccio, LTD. We will take the time to learn about your unique situation and help you complete the steps necessary to ensure your child receives the financial support he or she needs. Call us today at 630-575-8585 to schedule a confidential consultation with an experienced and compassionate Western Springs divorce attorney.

Sources:

http://www.ilga.gov/legislation/ilcs/documents/075000050K513.5.htm

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Botti Marinaccio, LTD.

630-575-8585

2015 Spring Road, Oak Brook, IL 60523

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