Financial Support for Disabled Adult Children
Child support is usually paid through a child’s emancipation, which will generally be the later of a child turning 18 or graduating high school. However, a court may award financial support for a child with disabilities after what is a traditional emancipation. This is provided for in §513.5 of the Illinois Marriage and Dissolution of Marriage Act.
A request to receive financial support under §513.5 may be made before or after the disabled child has attained majority, and the court has the discretion to decide whether one or both parents are ordered to contribute.
The first step of obtaining financial support for an adult child is to prove that the child is, in fact, disabled within the meaning of §513.5. According to the statute, a “disabled individual” is someone “who has a physical or mental impairment that substantially limits a major life activity, has a record of such impairment, or is regarded as having such impairment.” 750 ILCS 5/513.5(c). Additionally, the statute defines “disability” as a “mental or physical impairment that substantially limits a major life activity.” 750 ILCS 5/513.5(c).
The second step is to prove that the disability in question arose during the adult child’s minority. Some examples of how this can be established is from pediatric medical records, expert testimony (usually the child’s doctor or pediatrician), witness testimony (from family members or friends who have witnessed the disability from childhood), and school and/or special education records.
Third, the statute states that the adult child may not be “otherwise emancipated.” In In re Marriage of Moriarty, the court discussed the issue of emancipation at length, where the First District Court of Appeals reversed and remanded the circuit court’s decision to deny a mother’s petition to obtain financial support for her 21-year-old, autistic daughter. The appellate court made clear that reaching majority age and emancipation are distinct concepts and that the daughter was not previously emancipated (despite her age) because she lacked the capability to independently care for herself. See In re Marriage of Moriarty, 2024 IL App (1st) 230270. That said, to successfully obtain support under §513.5, your adult child must be unable to independently support themselves due to the disability in question.
After the disability is established, the court must then compute the appropriate level of support, after considering the parents’ incomes, the cost of care for the adult child, and other expenses related to the adult child’s needs.
When determining the amount of support awarded, a court will consider four factors as opposed to the usual formulaic approach: (1) the present and future financial resources of the child’s parents, including retirement savings, (2) the standard of living that child would have enjoyed absent the parents’ divorce, (3) the financial resources of the child, and (4) any government funded resources, such as social security funds, awarded to the child. 750 ILCS 5/513.5(b).
The payments awarded by the court can either be payable to a parent or put in a trust for the sole benefit of the adult child. Of note, though, §513.5 does not award parenting time or visitation to either parent and only applies to financial support for the adult child. The statute’s sole purpose is to provide funds for the child beyond minority, as opposed to providing parents with visitation rights.
At The Law Offices of Erin M. Wilson, we understand the hardships associated with financially supporting disabled adult children. Please contact our team at 312-767-4220 for a complementary consultation.
NOTICE: This blog is intended solely for informational purposes and should not be construed as providing legal advice. Please feel free to contact us with any questions you may have regarding this blog post.