Child Support for an Adult with a Disability

The process for child support in Illinois for a child without a disability is generally straightforward. Once a child (defined as any person under the age of eighteen (18) and any person age nineteen (19) or younger who is still attending high school) reaches the age of majority and is considered emancipated, child support payments stop. There are contributions to post-secondary education payments that can be ordered to be made beyond those ages should the child continue their education, which generally differ from statutory child support payments. However, what happens when a child with a disability is no longer a minor? Does support cease for them as well?

Under the Illinois Marriage and Dissolution of Marriage Act (“IMDMA”), an individual with a disability is defined as “an individual who has a physical or mental impairment that substantially limits a major life activity, has a record of such impairment, or is regarded as having such an impairment.” When seeking continued support for a non-minor child with a disability, the court is clear that the disability that is the basis for the application for support must have arisen while the child was eligible for child support as a minor. In short, the non-minor child’s disability must have arisen while they still fell under the definition of a minor child under the IMDMA.

An application for support of a non-minor child with a disability can be filed either before or after the child has reached the age of majority. The only time in which an application must be submitted prior to the non-minor child with a disability reaching the age of minority is when an application for education expenses has also been made for the child with a disability.

In making the decision of whether to award support for a non-minor child with a disability, the court takes the following factors into consideration:

1. The present and future financial resources of the parties to meet their needs (including saving for retirement);
2. The standard of living the non-minor child would have had if the marriage was not dissolved;
3. The financial resources of the non-minor child; and
4. Any financial or other resource provided to or for the non-minor child (e.g., Supplemental Security Income, State, Federal, or local benefits available to the non-minor child with a disability)

If the court determined that support should continue for the non-minor child with a disability, they may award sums of money out of the property and income of either or both parties or the estate of a deceased parent for the support of the non-minor child with a disability. There are a few ways the IMDMA lists for ways to disburse the support. One way is to pay the money to a trust that is created by the parties for the benefit of the non-minor child. Additionally, the parties also have the option to establish an irrevocable trust for a beneficiary with a disability for the non-minor child.

If you are considering initiating an application for support of a non-minor child with a disability, please reach out to the attorneys at Lavelle Law to assist you with your case.

Should you have additional questions regarding the subject matter hereinabove, please call us at 312-322-7555 or email Attorney Colleen M. Breems at cbreems@lavellelaw.com to schedule your free and confidential one-hour consultation to discuss your options.