Non-Minor Child Support for a Disabled Person in Illinois

 Posted on May 12, 2022 in Child Support

Child support provides financial assistance to parents with the majority of the parenting time. The funds received through child support may be used for rent or mortgage payments, educational costs, groceries, and other expenses. Once the child becomes an adult, he or she is expected to become financially independent. Child support payments usually terminate when the child reaches adulthood and graduates high school. Sometimes, child support payments are extended until the child completes an undergraduate degree.

If a 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. Disabled children and their parents may require financial support in the form of child support even after the child becomes an adult. Fortunately, Illinois law provides the opportunity for non-minor support in situations like this.

Extending a Child Support Order When a Child Has Disabilities

Children with disabilities often require extra medical care and educational services, which can become quite expensive. If your child has a disability, you may worry about how you will cover these costs once your child is an adult. Fortunately, you can petition the Court for non-minor support.

Illinois law defines a disability as a physical or cognitive impairment that “significantly limits a major life activity.” Physical disabilities such as spina bifida or cerebral palsy may qualify a child for extended child support past age 18. Cognitive or intellectual disabilities such as Down Syndrome or autism spectrum disorder may meet the criteria for non-minor support. Serious mental health disorders that limit a major life activity, such as bipolar or schizophrenia, may also be grounds for non-minor child support.

Amount of Support for Disabled Adult Children

Typical child support payments are calculated using the Income Shares model. This calculation method considers both parents’ net income to find a child support payment amount that is fair and reasonable given the parents’ financial circumstances and the child’s needs. However, non-minor support is not calculated using this method. Instead, the Court will consider the individual circumstances of the parents and the child to reach a child support amount. The Court will look at each parent’s income and the standard of living the child would experience if the parents were married. Any financial resources that the child has access to, such as Social Security Disability Income, will also be taken into account.

If an adult child with disabilities lives with a parent, that parent will likely receive child support. If the child lives outside of the home, the funds may be placed in a trust for the child’s benefit.

Contact a Palatine Child Support Lawyer

Non-minor child support can help your child have access to the funds he or she needs. To learn more, contact the Law Office of Nicholas W. Richardson, P.C. Arlington Heights child support attorney Nicholas Richardson can help you petition the Court for non-minor support. Call 847.873.6741 for a confidential consultation today.

Source:

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