How Does Child Support for an Adult Special Needs Child Work in Illinois?

 Posted on February 16, 2023 in Child Support

For most parents in Illinois, paying child support is an obligation that ends once a child turns 18 or graduates from high school. However, for other parents, child support can continue for several years or even indefinitely. It is important to know when child support can be ordered after a child reaches legal adulthood so you can financially prepare yourself for any obligations you may have, as well as ensure that your child’s needs are met throughout their life.

Child Support for an Adult Child in College

Illinois is one of the few states that allows judges to order divorced parents to help their children pay for college or trade school. Married parents cannot be ordered to do this, but divorced parents can because of the idea that a child should continue to enjoy the standard of living she would have expected had her parents stayed married. For some families, this includes assistance with college tuition, although judges are not obligated to order parents to pay their child’s educational expenses.

The financial assistance a child gets for college cannot exceed the cost of in-state tuition at the University of Illinois Champaign-Urbana, although the limit does take into consideration expenses like books, living expenses, and health insurance. Parents paying for their child’s university expenses are entitled to access to the child’s educational records, and the child is obligated to keep up a C-grade average. A parent’s educational support obligation ends once the child turns 23, gets married, earns a bachelor’s degree or skills certificate, or falls below a C-grade average.

Child Support of Disabled Adults

If an adult child had a mental or physical disability that existed before she turned 18, both parents can be ordered to provide adult child support in perpetuity. However, judges are sensitive to the fact that parents also need their own financial resources, including retirement savings. When determining appropriate child support payments for an adult disabled child, judges will consider each parent’s financial resources, expenses, age, and health. Judges will also consider the child’s resources, needs, and any state or federal assistance the child is receiving or is eligible to receive.

Call a St. Charles, IL Adult Child Support Lawyer

If you now have, or soon will have, an adult child whose needs or limitations make them financially dependent on you and their other parent, schedule a free consultation with a Kane County, IL adult child support attorney with Goostree Law Group. We can help you petition the court for financial assistance from your child’s other parent, as well as discuss strategies for ensuring your child is cared for into the future. Call 630-584-4800 today.

Source:

https://www.ilga.gov/legislation/ilcs/documents/075000050k505.htm