Non-Minor Support Obligations - What You Need to Know

 Posted on May 26, 2023 in Divorce

When a couple divorces, child support is provided to the parent with the most parenting time. Child support may be used to care for the child's various needs, including education, rent or mortgage, clothing, groceries, and other expenses.

Most child support orders terminate once the child turns 18 and graduates from high school. Child support payments may be extended until the child completes their undergraduate degree. However, when a child has a disability, child support obligations may need to continue well after the child has become an adult.

If a child has a disability, they will not be able to attain the same level of education or independence as children without disabilities.

In Illinois, non-minor support is provided to children with disabilities and their parents to meet their increased financial needs.

Extending Non-Minor Support for a Child With Disabilities

Children with disabilities often generate additional medical bills and educational service fees, and these extra costs can become quite difficult for a single parent to handle. If your child has a disability and you are seeking a divorce from your partner, you need to understand how to cover the additional cost once your child becomes an adult.

According to the Americans with Disability Act, a disability is defined as any condition or impairment that "significantly limits a major life activity." These include physical and cognitive disabilities like cerebral palsy, schizophrenia, and autism spectrum disorders.

Factors Considered When Determining Non-minor Child Support

Although several reasons require parents to pay non-minor child support, the law also places certain limitations in place by considering a few factors.

• The financial health of both parents when non-minor child support is requested

• The financial health and ability of the non-minor child to earn when the request is placed

• The lifestyle the child would be living if their parents had not divorced

• The child's desire for post-secondary education

When extending child support for various expenses, an Illinois court will consider whether the non-minor support request is based on reasonable grounds. The state will determine whether the child qualified for any student aid and how much of it before they will award the extended payment. The child will also have an obligation to maintain at least a C average in their college courses.

The child support from the parent will end once the child graduates from college, marry, or turns 23.

How Much Non-Minor Support Will You Receive?

Standard child support is calculated using a formula considering both parents' net income. However, this formula does not apply to non-minor support. Instead, the court will determine an appropriate amount of child support payment by taking into account various factors, including:

• The financial resources of both the parents

• The child's financial resources

• The standard of living the child would have had if the parents had not divorced

• Social Security Disability Income and government aid that is available to the child

If the child lives with a parent, the parent will receive the child support. If the child lives away from his parents, the funds will be placed in a trust on his behalf.

Contact a Naperville Non-Minor Support Lawyer

Non-minor support can help a child with disability access funds that are sorely needed for their educational advancement and financial needs. If your child qualifies for non-minor support, the Naperville non-minor support lawyers at the Law Office of Ronald L. Hendrix can help you petition for it in court.

Call today at 630-355-7776 for a free consultation.

Sources:

https://www.ilga.gov/legislation/ilcs/documents/075000050k505.htm

https://digitalcommons.law.udc.edu/cgi/viewcontent.cgi?article=1132&context=fac_journal_articles