Can I Get Non-Minor Child Support for a Disabled Child?

 Posted on January 27, 2022 in Child Support

Child support usually ends when the child grows up and graduates high school. However, if a child is disabled (mentally or physically), there may be an extension of child support payments. In the state of Illinois, child support payments are determined using the Income Shares formula. The court will determine how much each parent pays in child support based on their net incomes. However, there is another factor that determines the type and amount of child support ordered: the child’s need. By working with a family law attorney, child support can be modified or extended to support a child with special needs.

Getting Support for a Disabled Child

Child support in Illinois ends when the child turns 18 years old and graduates high school because it is assumed the child will be able to emotionally and financially support themselves. However, this is not the case when dealing with a child or adult with special needs. The non-minor child with special needs may not be able to financially support themselves into adulthood, and so the custodial parent may be required to continue providing support. In this scenario, child support from the non-custodial parent can be extended.

What Qualifies as a Disability?

According to the Illinois General Assembly, a disability must be a permanent ailment that causes significant cognitive or motor-function loss of a person. The disability must have originated before the person turned 18 in order for him or her to qualify for non-minor support. The following disabilities may qualify an individual for non-minor support:

• Physical disabilities

• Developmental disabilities

• Visual disabilities

• Hearing disabilities

• Mental disabilities

Does My Child Qualify for Non-Minor Disability Support?

By speaking with an Illinois family law attorney, you can determine if your child’s disability qualifies for non-minor child support. To be awarded this extended child support, the court will review a few relevant factors leading to your child’s need. A lawyer will help walk you through these legal factors such as the current and future financial situations of each parent, how the child would be living had his or her parents not been divorced, and any financial resources of the non-minor child. If it has been decided that you and your child meet these factors, your lawyer can then submit an application request to extend the child support.

Get in Contact with a Aurora Family Lawyer

The Law Office of Matthew M. Williams, P.C. can help you navigate the process of applying for extended child support for a non-minor disabled child. Kane County child support attorney Matthew M. Williams is skilled in child support modifications and may be able to help you extend your child support order. Call us today at 630-409-8184 for a consultation.

Sources:

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

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=001503350K4A