Illinois Laws on Child Support of Disabled Children

By Mary Jane Freeman

In Illinois, as in all states, parents are responsible for financially supporting their children. This is true even when the parents were married and are now divorced. Typically, the parent ordered to pay child support must pay until the child turns 18. However, if the child is disabled, either or both parents may be required to continue supporting the child after that time.

Child Support Overview

In Illinois, child support is based solely on the noncustodial parent's income. This calculation method is known as the percentage of obligor's income model and is followed by a handful of states. A noncustodial parent is the parent with whom a child does not reside most of the time. Typically, the noncustodial parent is granted visitation and pays child support. Support must be paid until the child reaches the age of majority, which is 18 in Illinois. Payments may be extended past this age by court order.

Child Support Extended

In Illinois, child support may be extended past the age of majority when that child is disabled, which includes both mental and physical disabilities. In such cases, a court may require one or both parents to provide financial support past the child's 18th birthday. In some cases, funds may be taken from the parent's income and property. If a parent is deceased, support may be taken from the decedent's estate.

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What Are the Sentencing Guidelines in Michigan for Nonpayment of Child Support?

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Children on Social Security & Child Support in New Jersey

When a divorce involves children, the court typically has to address the issue of child support. In a child support arrangement, the parent who has custody receives a regular payment from the noncustodial parent. The amount of the payment depends on many different factors, which can vary according to state law. In New Jersey, the earnings of both parents are included in the calculation for child support; however, "means-tested" public benefits, such as Supplemental Security Income, are not included.

Parents Giving Money to a Disabled Adult Child

A divorce does not terminate parents' financial responsibility to their children, and parents of a disabled child generally must continue to provide support after the child turns 18. Support may be requested by either parent or the adult child himself. Because of complications with government benefits, parents may consider setting up a special needs trust to give money to their adult disabled child.

What Happens When You Don't Pay Child Support in Illinois?

Every child has a right to receive care and support from her parents, and this parental responsibility doesn't end simply because a relationship or marriage ends. In Illinois, a non-custodial parent must financially contribute to the upbringing of his child by providing child support to the custodial parent. If he fails to do so, the custodial parent may seek help from Illinois' Division of Child Support Services, which pursues several remedies, including wage garnishment, property liens, revocation of licenses, interception of tax refunds and criminal prosecution.

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