Is an Intellectually Disabled Adult Entitled to Child Support?
We are currently in the middle of an interesting cultural shift: adultsare marrying and divorcing at increasingly older ages. This naturallyimpacts many aspects of the divorce process, especially when it comesto custody and child support. However, what happens when a couple divorcesand their child is an intellectually disabled adult? Does one parent stillneed to pay child support?
In Illinois, the answer to this question is inconclusive. Per section 513.5of the Illinois Marriage and Dissolution of Marriage Act, a parent canrequest financial support for a disabled non-minor child. The statutespecifically states that a disabled person is an individual “whohas a physical or mental impairment that substantially limits a majorlife activity, has a record of such an impairment, or is regarded as havingsuch an impairment.”
The court considers 3 factors before deciding to award child support foran intellectually disabled non-minor child:
- The present and future earning capacity of both parents (including theirability to save for retirement)
- How the intellectually disabled adult’s standard of living will beaffected by the divorce
- What governmental or social service resources are currently providing forthe intellectually disabled adult
Unlike a divorce case with minor children, there is no standard formulato calculate this type of child support. Before making a final determination,the court has to review each parent’s financial circumstances andwhich programs are currently providing financial aid to their child.
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Each client that comes through our doors has an incomparable story andunique family dynamics. At Wakenight & Associates, P.C., ourIllinois divorce attorneys have a thorough understanding of divorce and family law. We can help younavigate this complicated legal process and negotiate a divorce settlementthat safeguards your child’s quality of life.
Call Wakenight & Associates, P.C.to schedule your free consultation. We have offices conveniently locatedin Oak Park, Joliet, and Mokena.