How Does Child Support Work for a Disabled Child over 18?  

 Posted on October 29, 2021 in Family Law

Child support payments are a crucial part of ensuring children are raised in a way that meets their physical and emotional needs following a divorce. Generally, child support ends once a child turns 18 or graduates high school or college. For some adults, mental and physical disabilities make it impossible for them to live independent lives. In cases like this, child support payments may be extended so the child can maintain a reasonable standard of living, even as an adult. 

If you are parenting a disabled child and want to know more about what this might mean for child support payments, this blog may be helpful to you. Keep in mind that every situation is unique and that a qualified Illinois child support attorney is the best person to give you advice tailored to your situation. 

Determining Child Support for Disabled Adult Dependants

In Illinois, child support payments are based on both parents’ incomes and the amount of time each parent spends with their child. This allows parents to split the cost of raising a child in a way that is fair to everyone. Illinois has standard tables it uses to calculate child support payments, but judges have leeway to modify payments if they would be unfair or insufficient. 

It can be very expensive to raise a child with special needs because of medical conditions, physical support systems like wheelchairs or prosthetic limbs, or the need for around-the-clock care. Each situation is unique, and judges take many different factors into account when determining the appropriate amount of child support payments. These include, but are not limited to: 

• The current and future finances of both parents, including retirement savings

• The standard of living the child would have had if the parents had stayed married

• Any financial resources of the child, including state or federal assistance like Social Security benefits

What is a Qualifying Disability? 

Illinois law defines a disabled individual as one who has an impairment, whether physical or mental, that substantially limits a major life activity. This includes intellectual disabilities, such as Down’s Syndrome, physical disabilities, and mental illnesses. The child’s disability must have existed before turning 18 to qualify for non-minor child support. 

If one parent cares for the child in their home, child support payments will generally be made directly to that parent. If the child lives in an assisted living home or residential facility, child support payments can be made to a trust set up to handle the child’s expenses. 

Talk to an Arlington Heights, IL Adult Child Support Lawyer

At A. Traub & Associates, we know how important it is to ensure your child gets the support they need. That is why we will explain your options under Illinois law and pursue child support from your former spouse if necessary. Our office environment is friendly and open, giving you the freedom and comfort to ask questions and get answers from our experienced Lake County child support attorneys. Call us today to schedule a consultation at 847-749-4182. 

Source:

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