Most child support orders in Illinois end when a child turns 18 or finishes high school, whichever comes later. However, there are exceptions for adult children who cannot live independently due to mental or physical disabilities. In those family law cases, parents may be required to continue to provide financial support to help their adult children cover living, medical, or care-related costs.
Illinois Laws That Allow Support To Continue Into Adulthood
Section 513.5 of the Illinois Marriage and Dissolution of Marriage Act gives courts the authority to order support for adult children with disabilities. This law allows judges to require one or both parents, or even the estate of a deceased parent, to contribute to an adult child’s needs. Related laws define when support typically ends and when parents must also cover adult children’s educational expenses.
What Counts as a “Disability” Under Illinois Law?
Illinois law defines a disability as a physical or mental condition that significantly limits major life activities. A person qualifies as disabled if they have such an impairment, have a history of impairment, or are viewed as having one. Courts don’t just look at diagnoses to determine whether a person is disabled—they consider how the person’s condition affects their daily functioning. Conditions that limit the ability to work, communicate, or live independently often qualify. Evidence like medical evaluations, treatment histories, and disability benefit eligibility helps judges decide whether a person’s condition meets the legal definition of a disability.
Who Can Request Support for an Adult Child?
A parent, guardian, or representative of an adult child with a disability can ask the court for support before or after the child turns 18. Many parents file while regular child support is still in place, so payments can continue without interruption.
How Courts Decide Whether To Award Child Support for Adults
Judges consider several factors before granting support for an adult child with a disability, such as:
- Both parents’ current and future financial resources
- The adult child’s financial situation
- The standard of living the adult child would have had if their family had remained together
- Other resources available to the disabled adult child, such as Supplemental Security Income (SSI) or home-based support programs
The court’s decision depends on the specific facts of the case, but the law directs judges to prioritize fairness and the child’s long-term needs.
Adult Child Support Payment Structures
Courts can direct child support payments to go to one parent, to both parents, or to a trust that benefits the adult child. A trust can help caregivers manage money responsibly and protect the child’s eligibility for government assistance like SSI or Medicaid.
Support payments can cover the adult child’s daily living expenses, therapy, health care, or other necessary costs. The right payment structure can go a long way toward making sure the child’s financial support is secure and managed properly over time.
Modification or Termination of Support
Either parent can ask the court to adjust or end support payments for an adult child if there is a substantial change in circumstances. For example, a significant change in a parent’s income, the adult child’s condition, or the child’s ability to become self-supporting could justify a modification. Illinois law allows for this kind of flexibility, so support amounts and duration remain fair as conditions evolve.
Get the Legal Guidance You Need To Protect Your Child’s Future
If your child’s disability prevents them from living independently, continued support might be an option. The Law Office of Bradley R. Tengler, P.C., helps parents request, modify, and enforce the support orders they need. We understand how to present financial information, medical records, and other evidence clearly to the court. Contact us today to arrange your initial consultation and discuss your situation.