Can Support Orders Be Issued for Adult Children With Disabilities?

 Posted on January 15, 2021 in Child Support

Every child has a right to financial support from their parents, no matter if their parents are together or not. In Illinois, child support is awarded when the parents of a child file for a divorce or are no longer in a relationship with one another. Illinois uses what is called an “income shares” model of calculating child support. This means a variety of factors are taken into consideration when a child support determination is being made. These factors include both of the parents’ incomes, how much time the child spends with each parent, and how many children are being supported. Child support obligations usually end once a child turns 18 years old or when he or she graduates from high school, but Illinois law also provides limited guidance for support obligations for adult children with disabilities whose parents are separating.

Establishing Child Support for an Adult With a Disability

For the most part, child support typically stops when the child reaches the age of 18. However, there are a few different types of non-minor support that exist in Illinois, such as requiring a parent to pay for educational expenses for a non-minor or providing support for an adult with a significant disability. In many cases, adults with physical or mental disabilities need financial support from their caretakers, who are often their parents.

Either parent is able to file a petition for non-minor child support, although the judge will typically award the support payment to the parent with whom the non-minor child is living. The judge will use a variety of factors to determine if a non-minor child support order is applicable or appropriate. These factors can include:

• The present and future financial situation of both parents

• The ability of both parents to meet their retirement savings needs

• The standard of living the child would have had if his or her parents were still married

• The financial resources the child has

• Any financial support or other resources provided to or for the child, such as Supplemental Security Income (SSI), home-based support, or any other state, federal or local benefits

Contact Our Kane County Child Support Attorney Today

Many people may not know that child support is an option for parents of adult children who have disabilities. If your child has a disability and is approaching adulthood or if you are filing for a divorce and have an adult child with a disability, you and your child may be able to receive financial support. At the Law Office of Matthew M. Williams, P.C., we understand the complex nature of these situations and will do our best to work out a support plan that meets everyone’s needs. To schedule a consultation with our seasoned Aurora child support lawyer, call our office today at 630-409-8184.

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59

https://ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K505

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

Every child has a right to financial support from their parents, no matter if their parents are together or not. In Illinois, child support is awarded when the parents of a child file for a divorce or are no longer in a relationship with one another. Illinois uses what is called an “income shares” model of calculating child support. This means a variety of factors are taken into consideration when a child support determination is being made. These factors include both of the parents’ incomes, how much time the child spends with each parent, and how many children are being supported. Child support obligations usually end once a child turns 18 years old or when he or she graduates from high school, but Illinois law also provides limited guidance for support obligations for adult children with disabilities whose parents are separating.

Establishing Child Support for an Adult With a Disability

For the most part, child support typically stops when the child reaches the age of 18. However, there are a few different types of non-minor support that exist in Illinois, such as requiring a parent to pay for educational expenses for a non-minor or providing support for an adult with a significant disability. In many cases, adults with physical or mental disabilities need financial support from their caretakers, who are often their parents.

Either parent is able to file a petition for non-minor child support, although the judge will typically award the support payment to the parent with whom the non-minor child is living. The judge will use a variety of factors to determine if a non-minor child support order is applicable or appropriate. These factors can include:

• The present and future financial situation of both parents

• The ability of both parents to meet their retirement savings needs

• The standard of living the child would have had if his or her parents were still married

• The financial resources the child has

• Any financial support or other resources provided to or for the child, such as Supplemental Security Income (SSI), home-based support, or any other state, federal or local benefits

Contact Our Kane County Child Support Attorney Today

Many people may not know that child support is an option for parents of adult children who have disabilities. If your child has a disability and is approaching adulthood or if you are filing for a divorce and have an adult child with a disability, you and your child may be able to receive financial support. At the Law Office of Matthew M. Williams, P.C., we understand the complex nature of these situations and will do our best to work out a support plan that meets everyone’s needs. To schedule a consultation with our seasoned Aurora child support lawyer, call our office today at 630-409-8184.

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59

https://ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K505

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