Do Child Support Obligations End at 18 in Illinois Disability Cases?

 Posted on October 23, 2025 in Divorce / Family Law

Usually, when a child turns 18, the financial obligations of the parent who has paid child support following a divorce end. However, if that child has a mental or physical disability that prevents independent living, the duty to support can continue well into adulthood. Under 750 ILCS 5/513.5, Illinois law allows courts to order ongoing financial support for adult disabled children. To fully understand when and how this support can be requested, as well as how courts determine "disability," requires consulting with an experienced Oswego, IL child support lawyer.   

What is the Legal Framework in Illinois for Supporting Non-Minor Disabled Children?

Since 2016, the statute above has applied when an adult child is mentally or physically disabled and unable to be financially independent as an adult. This support obligation can be initiated or extended by either parent or by the guardian of the disabled child. Support can continue beyond the age of 18, after the child finishes high school, if a court agrees that the adult child is unable to be financially independent.

The child must have a mental or physical impairment that substantially limits one or more major life activities, and the disability must have existed before the child turned 18 or graduated from high school. Some of the more common qualifying conditions include Down Syndrome, severe epilepsy, developmental delays, brain injuries, psychiatric illnesses, and autism. Courts will often reference Social Security Disability determinations as persuasive but not definitive evidence of a disability.

How Do Courts Calculate the Level of Financial Assistance a Parent is Required to Contribute?

Courts will first consider the child’s total amount of financial resources, which can include SSDI, SSI, Medicaid, trusts, or inheritances. The income of each parent, his or her assets, and the ability to pay will be considered next. The court will consider the standard of living the child would have had if his or her parents had remained married.

 Finally, the child’s healthcare costs (medical insurance and out-of-pocket expenses), housing needs, transportation expenses, education or training, and personal care needs will all be factored in. If the parents are financially unable to assist the adult child, then he or she will be forced to depend on government assistance.  

How Long Will Support Last If Ordered?

Financial support, if ordered, usually continues for as long as the adult child’s disability continues and he or she remains financially dependent. Either parent can seek modification if financial or medical circumstances substantially change. If the child becomes self-supporting or marries, support is likely to terminate. If a parent is ordered to support his or her adult disabled child financially and fails to do so, the standard enforcement mechanisms, such as income withholding, liens, or contempt, can be used.  

SSI or SSDI payments may reduce the level of support, but do not eliminate the financial obligation of both parents. Courts will typically coordinate payments to avoid reducing federal benefits. It is beneficial for parents of a special needs child to plan ahead for an adult child’s financial needs through a Special Needs Trust. A lawyer with experience in family law and knowledge of disability laws is the best resource for families in this situation.

Contact a Kendall County, IL Family Law Attorney

Cases like this often arise when one parent sees the other moving on financially while the couple’s disabled child remains dependent. However, rather than focusing on parental conflict, the judge will focus on the child’s future well-being. If you need to extend child support, modify an existing order, or plan for the long-term care of an adult special needs child, a highly skilled Oswego, IL child support lawyer from Loire Krajniak Law, LLC can guide you through each step of the process. Call 630-448-2406 to schedule your free consultation.