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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