Disabled Adult Child Support Attorneys

Lawyers for Disabled Child Support Issues

In Illinois, parents are financially responsible for their children until they reach the age of majority, which is 18 years old or 19 years old if the child is still in high school. There are some exceptions to this rule, however, and one exception is for adult children who are disabled or have special needs. Parents of adult children who are disabled may be required to continue providing financial support after the child has attained majority.

At the Illinois family law firm of Kezy & Associates we are experienced in handling child support cases involving adult children with special needs. Our child support lawyers firm fights to ensure our clients’ children are properly cared for and our client’s interests are protected.

Child Support for Mentally and Physically Disabled Children

When an individual with special needs becomes an adult, the cost to care for that individual remains. Many disabled adults are unable to gain or hold employment or take care of their basic needs. Under Illinois law (750 ILCS 5/513), the court may continue a child support award after the age of majority for a child who is “mentally or physically disabled and not otherwise emancipated.” The statute does not specifically define what constitutes a disability, so this determination is left up to the court. While some disabilities may be overt, others, particularly mental disabilities, may be less apparent.

Disabled adults and children are also entitled to Social Security benefits. Receiving these benefits can help justify the individual’s disability, but it may also lessen the amount of child support awarded. Social Security benefits are considered income of the adult child when calculating child support. This dynamic can make it difficult to find the right balance of support and ensure that your disabled child is properly cared for as long as necessary. We are experienced in navigating these complex issues and strongly advocating for our clients and their children.

If you have an adult child with special needs and are dealing with child support issues, contact us to schedule a free consultation and discuss your situation. Our child support lawyers will answer your questions and talk about what your child needs and how we can obtain it.