Can I Get Child Support for a Disabled Child After Age 18?

 Posted on September 27, 2021 in Child Support

Disabilities come in all forms. Some disabilities, such as cerebral palsy or spina bifida, are often immediately apparent. Other disabilities, like autism, are invisible to a casual observer. Whatever the specific disability, having a disabled child can be extremely challenging for parents. Many disabled children require specialized medical care, education, and assistive devices. Parents may also need to forgo working outside of the home to care for a disabled child. This can lead to significant financial stress. For unmarried or divorced parents, child support payments can help cover these costs. However, what happens when a disabled child becomes an adult?  

Continuing Child Support After Adulthood

Child support typically ends once a child reaches adulthood and/or completes an undergraduate degree. At this point, the child is expected to provide for his or her own needs. However, a disabled child may be unable to reach the same level of financial independence as a child without a disability. Fortunately, Illinois law reflects this reality. Parents with disabled children may be able to receive non-minor support or child support that continues past childhood.

Financial Support for a Disabled Child

As a parent of a disabled child, you may wonder what types of disabilities qualify a child for non-minor support. Illinois law defines “disability” as a physical or mental impairment that significantly limits a major life activity. Physical disabilities, intellectual disabilities, developmental disabilities, and mental health conditions may qualify a child for continued support from the other parent.

When Illinois courts consider whether to award non-minor support for a disabled child, the court will evaluate:

• Both parent’s employability, income, and overall financial situation

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

• The child’s financial resources and government assistance such as Supplemental Security Income

Contact a Naperville Child Support Lawyer

If your child is disabled, you may be able to continue receiving child support from the other parent even after your child becomes an adult. For help pursuing non-minor child support, contact the DuPage County child support attorneys at the Law Office of Ronald L. Hendrix, P.C.

Our team knows that getting the financial support you and your child need is not always easy. We can help you understand your options under Illinois law and take the steps necessary to pursue non-minor support. Call our office today at 630-355-7776 for a free, confidential consultation.

Source:

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