Does Disability Change My Child Support Obligation?

 Posted on December 29, 2022 in Family Law

Divorce can be tricky, especially when there is a child involved. Both parents are required to support their child or children until they reach the age of eighteen. In Illinois, child support payments are determined by Income Share Models. This takes into account each of the parent's income and, in shared parenting situations, how much time each parent gets with the child or children. Child support usually ends once a child is an adult. However, if the child is mentally or physically disabled, this may extend a parent’s child support obligation. If their child is physically or mentally unable to take care of themselves, the parents may have to continue to care for their child into adulthood. It also means that for the parents to continue supporting their child, they may have to keep paying child support. An Illinois judge will be the ultimate decider on whether support payments will continue.

What Happens When Non-Minor Child Support is Necessary?

Legally disabled means an individual has a physical or mental impairment that limits major life activity. Several factors go into deciding whether parents must continue paying support payments into adulthood. 

• Did the child’s disability begin before they turned eighteen? 

• Can the child support themselves independently? 

• Is the child eligible for government benefits? 

• Can the child's parents financially support their child into adulthood?

• Will the child’s parents be able to continue to afford and live their own lives, while continuing to support their child into adulthood? 

If the child qualifies for support payments into adulthood, the parent who is the primary caregiver for the child will have the support payments sent directly to them. Or if it is decided that the best place for the disabled person to be cared for is a living facility, then the support payments will be sent to the care facility. Another option would be to create a trust fund known as a Special Needs Trust. The parent who is the primary caregiver, or the trustee, will open a trust where funds will go to benefit and only be used by the disabled person. 

Call Us Today to Speak with a DuPage County Child Support Attorney

Divorce is a lot to go through by yourself, especially when you have children involved. If you are worried about the future care of your children then contact a Hinsdale divorce attorney at Law Office of Martoccio & Martoccio. We will help make sure you and your child get the care you both need and deserve. Divorce and child care should not be something you have to struggle with, give us a call at 630-920-8855 or contact us online for a free consultation. 

Source: 

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K513.5