For many divorce parents, child support ends when their child graduates from high school and turns 18. However, Illinois law provides that one or both parents may be required to continue supporting a disabled adult child.
A petition for ongoing support may be filed when a child is mentally or physically disabled and not otherwise emancipated. The court will of course take into account the financial situation of each parent, the financial resources of the child and may consider the standard of living the child could have expected if the parents did not divorce.
While the parents’ financial resources are taken into account, the court has discretion to consider each parent’s ability to provide for their own future, such as putting aside savings into a retirement account. When looking at a child’s financial resources, the court will consider all local, state, federal or private benefits that are available to the adult disabled child when making a determination.
Although payments may be made directly from one parent to the other or a third party caring for the adult disabled child, making support payments to a trust created for the benefit of the child is also an option.
Contact Illinois Family Law and Child Support Attorneys
If your child has a disability and is approaching adulthood, you likely have questions regarding non minor child support in a divorce. We encourage you to contact the Family Law Offices of Schlesinger & Strauss LLC for more information regarding support for an adult disabled child or other questions you may have regarding divorce when the needs of a disabled child is a concern. Call our Libertyville, Illinois Family Law attorneys at 847-680-4970.