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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California Law on Child Support for Stepchildren

California law demands that each biological parent financially support her child, but a stepparent isn't required to support a stepchild unless the stepparent legally adopts that child, effectively replacing the biological parent. However, a stepparent's income can influence the amount of child support a biological parent must pay under certain circumstances.

Maryland Emancipation & Child Support Rules

Noncustodial parents have a legal obligation to support their minor children and generally must pay child support to the custodial parent to cover a portion of the child's expenses. The noncustodial parent must continue paying child support until the child reaches the age of majority or is legally emancipated, even if the custodial parent remarries or her income increases. Child support is a right of the child and cannot be waived by the custodial parent.

Can Child Support Be Waived in Florida?

Child support is the money paid by each parent to contribute to a child's normal expenditures. When parents share custody, each party may be required to pay for certain expenses. When one parent is the primary custodian, however, the noncustodial parent typically pays child support directly to the custodial parent. While the custodial parent may choose not to take a non-paying parent to court over child support, child support cannot legally be waived because it is considered a right of the child, not the parent.

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