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Non-Minor Child Support for a Disabled Child in Illinois

Posted on in Child Support

IL family lawyerFor unmarried and divorced parents, child support is a vital source of financial assistance. Illinois child support usually ends when the child becomes an adult and finishes high school or college. At this point, the child is considered old enough to provide for his or her own financial needs. However, some children require financial assistance beyond childhood. If your child has a disability, you may be able to get child support even after he or she is an adult.

Child Support for Children With Disabilities

If your child has a disability, he or she may not be able to reach the same level of financial independence as a child without a disability. This can place a major financial burden on the child and the child’s parent. Fortunately, parents of disabled children may be able to extend child support past the typical cut-off point. This can help the parents cover child-related costs such as housing, in-home care, medical costs, and more.

What Counts as a Disability for the Purposes of Non-Minor Child Support?

You may be wondering what types of disabilities qualify a child for extended child support. Per Illinois law, a disabled person is one who has a mental or physical impairment that “substantially limits a major life activity.” You will also need to show that there is a medical record of this disability. Furthermore, the disability must have occurred before the child reached the typical child support cut-off age. Intellectual disabilities like autism, physical disabilities such as blindness, and mental health conditions such as bipolar disorder may all qualify for extended child support.

How Much Support Will I Receive?

For typical child support, the payment amount is based on a statutory formula that accounts for both parents’ net incomes. The statutory formula does not apply to non-minor support for a disabled child. Instead, the court determines an appropriate child support payment amount by considering:

  • The parents’ financial resources
  • The child’s financial resources
  • The standard of living the child would have if the parents were together
  • Supplemental Security Income and other government assistance available to the child

Contact a Kane County Divorce Lawyer

Parents of disabled children may be able to receive child support even after their child is an adult. If you want to learn more about non-minor support for a disabled child, contact a St. Charles divorce attorney from Weiler & Lengle P.C.. Call us today at 630-382-8050 for a confidential consultation.

Source:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K513.5

 

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