What to Know About Supporting a Disabled Child After Divorce

The obligation to support a disabled adult child does not end at traditional emancipation or the age of 19.

750 ILCS 5/513.5 applies to both married and unmarried couples. If there is a disability that existed prior to the emancipation of the child, typically age 19 or graduation from high school that “substantially limits a major life activity,” the residential parent is eligible for support from the other parent.

The time to file a petition for support for a disabled adult child is not limited to the emancipation age of 18, 19, or graduation from high school. Reference: In re Marriage of Moriarty, 2024 IL App (1st) 230270. Even if you have been divorced or broken up for many years, if you are supporting an adult disabled child, you may obtain relief/financial support.

The first step is to establish paternity through marriage at conception, Voluntary Acknowledgement of Paternity, adjudication by a court, or with a birth certificate.

The next element is proof of disability. Some alternatives to prove that would include an IEP or 504 plan in high school, receipt of SSDI/Social Security benefits, listing on the State of Illinois PUNS list, or medical records that reflect diagnosis of a neuro-atypical condition such as Autism, Down Syndrome, Spina Bifida, Cerebral Palsy, Anxiety, Depression, and so on. This is not an exhaustive list.

Next, the parent seeking support must demonstrate what amount of support is appropriate. This will consider the time spent with each parent, the parents’ incomes and resources, the child’s needs, and the cost of respite or alternative care.

If a child has an IEP or has a documented medical disability, record it in the Marital Settlement Agreement or Allocation of Parental Responsibilities Judgment so the duplicative proof is not required.

If you think this may apply to you, call us for a complimentary consultation.

Wakeman Law Group, PC

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Crystal Lake, IL 60014

Ph: 815-893-6800

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