Can I Receive Child Support for a Disabled Adult Child?

When most people think about child support, they envision financial assistance for minors—children under the age of 18. However, in Illinois, the law recognizes that some children require support well into adulthood due to disabilities. If you are a parent of a disabled adult child, you may wonder whether child support can continue after your child turns 18. The answer is yes—but there are specific legal requirements and processes you need to understand.

Understanding the Basics: Child Support and Age of Majority

In Illinois, the age of majority—when a person is legally considered an adult—is 18. Normally, child support obligations terminate when the child reaches this age or graduates from high school, whichever happens later (but not beyond age 19). 750 ILCS 5/505(g). However, Illinois law includes important exceptions to this rule, particularly for children with physical or mental disabilities. 750 ILCS 5/513.5.

Section 513.5 of the Illinois Marriage and Dissolution of Marriage Act

Illinois courts have the authority to order support for a non-minor disabled child under Section 513.5 of the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/513.5). This provision allows for continued or new support orders if:

• The child is mentally or physically disabled,
• The disability existed before the child turned 18 (or 19 if still in high school),
• The child is not capable of becoming financially self-supporting,
• And the child is dependent on one or both parents or on others for care and support.

In other words, if a child is unable to live independently or earn a living because of a disability that began during their minority, a parent may petition the court for continued support.

What Does “Disabled” Mean Under Illinois Law?

The term “disabled” in this context is interpreted broadly but generally refers to individuals who are unable to care for themselves or be financially independent due to a physical or mental impairment. See In re the Marriage of Lerner, 316 Ill. App. 3d 1072 (Ill. App. Ct. 2000). Courts may consider various types of evidence when assessing disability, including:

• Medical records,
• Statements from treating physicians or mental health professionals,
• Social Security Disability determinations,
• Educational records (including Individualized Education Programs or IEPs),
• And testimony from the parents or caretakers.

See 750 ILCS 5/513.5(b). It is important to note that receiving Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) is helpful evidence, but not strictly required. The court will consider the totality of the circumstances in determining whether the adult child is disabled and requires ongoing support.

Who Can Petition the Court?

Either parent can file a petition to establish or extend child support for a disabled adult child. In some cases, a legal guardian or another interested party may also be able to petition, particularly if they are providing substantial care for the adult child.

Typically, the parent who has been the primary caretaker of the disabled adult child initiates the request, especially when the existing child support order is about to end due to the child’s age.

When Do You Petition the Court?

One might assume that you have to petition for child support before the child reaches the age of 18. However, the legal standard is that a petition for child support must be filed before the child “emancipates.” Emancipation can happen when a child turns 18, but in the case of children with disabilities, it happens “when one is able to care for oneself, live independently, and provide one’s own financial support.” In re Marriage of Moriarty, 2024 WL 1340211 (Ill.App. 1 Dist.). There is no requirement to file a petition for adult disabled child support prior to the child turning 18; but the disability must have arisen prior to termination of an obligation to pay child support or college expenses. Id.

Factors the Court Considers

Illinois courts have wide discretion in determining whether to order support and how much. Relevant factors include:

• The financial resources and needs of both parents,
• The standard of living the child would have enjoyed if the marriage had not dissolved,
• The financial needs of the disabled adult child,
• The nature and extent of the child’s disability,
• The cost of the child’s care, therapy, medication, and other necessary services,
• Whether the child receives public assistance or disability benefits,
• And any other relevant circumstances.

750 ILCS 5/513.5. The court’s goal is to ensure that the disabled adult child’s needs are met in a manner that is fair to all parties.

Can Child Support Be Modified Later?

Yes. Like most support orders, support for a disabled adult child can be modified if there is a substantial change in circumstances. This could include changes in the child’s condition, one parent’s financial situation, or the receipt of government benefits.

When Does Support for a Disabled Adult Child End?

Support typically continues as long as the child remains disabled and dependent. However, if the child’s condition improves to the point where they can become self-supporting, or if they are no longer dependent on a parent, the support may be terminated or reduced. 750 ILCS 5/513.5(a).

Final Thoughts

Raising and caring for a disabled child is a lifelong commitment—and in many cases, a financial one. Fortunately, Illinois law provides a pathway for continued support beyond the age of 18 when a child cannot live independently due to a disability.

If you are caring for a disabled adult child and have questions about child support, it is wise to speak with an experienced family law attorney. Navigating these issues can be complex, and O. Long Law, LLC, can help you present the strongest case possible to ensure your child’s needs are met. Contact O. Long Law, LLC today to schedule a consultation.