Non-Minor Child Support for a Disabled Person in Illinois

 Posted on October 20, 2026 in Child Support

Child support provides financial assistance to parents with the majority of the parenting time. The funds received through child support may be used for rent or mortgage payments, educational costs, groceries, and other expenses. Once the child becomes an adult, he or she is usually expected to become financially independent. Child support payments often terminate when the child reaches adulthood and graduates high school. Sometimes, child support payments are extended until the child completes an undergraduate degree.

If a child has a disability, he or she may not be able to reach the same level of financial independence as a child without a disability. Disabled children and their parents may require financial support in the form of child support even after the child becomes an adult. Fortunately, Illinois law provides the opportunity for non-minor support in situations like this. At the The Law Office of Nicholas W. Richardson, P.C., our Arlington Heights, IL family law attorney has over 20 years of experience, and he has helped many families through complicated support questions.

Can a Child Support Order Be Extended for a Child With Disabilities?

Children with disabilities often require extra medical care and educational services, which can become quite expensive. If your child has a disability, you may worry about how you will cover these costs once your child is an adult. Fortunately, you can petition the Court for non-minor support.

Illinois law defines a disability as a physical or cognitive impairment that "significantly limits a major life activity." Physical disabilities such as spina bifida or cerebral palsy may qualify a child for extended child support past age 18. Cognitive or intellectual disabilities such as Down Syndrome or autism spectrum disorder may meet the criteria for non-minor support. Serious mental health disorders that limit a major life activity, such as bipolar or schizophrenia, may also be grounds for non-minor child support.

How Much Support Can a Disabled Adult Child Receive in 2026?

Typical child support payments are calculated using the Income Shares model. This calculation method considers both parents' net income to find a child support payment amount that is fair and reasonable given the parents' financial circumstances and the child's needs. However, non-minor support is not calculated using this method. Instead, the Court will consider the individual circumstances of the parents and the child to reach a child support amount.

The Court will look at each parent's income and the standard of living the child would experience if the parents were married. Any financial resources that the child has access to, such as Social Security Disability Income, will also be taken into account.

If an adult child with disabilities lives with a parent, that parent will likely receive child support. If the child lives outside of the home, the funds may be placed in a trust for the child's benefit.

When Can the Court Modify Non-Minor Support?

A non-minor support order can be changed when a parent shows a substantial change in circumstances. Life does not stand still after a Judge signs the order. A parent may lose a job or take a large pay cut. The other parent may get a big raise. Your adult child's medical needs may grow, or his or her condition may improve with treatment.

Changes in the child's living situation can also lead to a new order. If your child moves into a group home or another care facility, the costs may shift. If he or she begins receiving new government benefits, the Court may lower the amount a parent must pay. Either parent can ask the Court to review the order.

The date you file also affects the outcome. A modification usually only applies to payments that come due after the other parent receives notice of the request. If your situation changes, you should file as soon as possible. Waiting can leave you stuck with an old amount that no longer fits your family's needs.

How Can You Enforce a Non-Minor Support Order in Illinois?

A non-minor support order is a Court order, and a parent who ignores it can face serious consequences. If the other parent stops paying, you do not have to accept the missed payments. Illinois gives parents several tools to collect what is owed. Common enforcement methods include:

• Income withholding, which takes payments straight from the other parent's paycheck
• A petition for contempt, which asks the Judge to hold a parent responsible for willfully refusing to pay
• Liens on property, such as real estate or vehicles

The right tool depends on why the other parent is not paying. Some parents fall behind after losing a job, though others try to hide income or simply refuse to pay. In any case, keep a record of every payment received and every payment missed. A clear record makes it easier to show the Court exactly how much is owed.

Does Timing Affect Eligibility for Non-Minor Support?

Timing plays a major role in whether your adult child can receive non-minor support in Illinois. A parent may ask for this support before or after the child turns 18 (750 ILCS 5/513.5). However, the disability itself must have started at a certain point. It must have arisen while your child was still eligible for regular child support or support for college expenses.

Filing early is often the safer choice. Many parents wait until their child's 18th birthday is close, or even after it has passed. Asking the Court for non-minor support while your child is still a minor can help avoid gaps in payments. It also gives you time to gather medical records and other proof of the disability. Doctors' reports, school records, and benefit letters can all help show how the disability limits your child's daily life.

Contact a Palatine, IL Child Support Lawyer

Non-minor child support can help your child have access to the funds he or she needs. To learn more, contact the The Law Office of Nicholas W. Richardson, P.C.. Arlington Heights, IL family law attorney Nicholas Richardson can help you petition the Court for non-minor support. Call 847.873.6741 for a free, confidential consultation today.