Child Support for Disabled Adult Children

August 4th, 2025 by Tiffany Hughes

Child support obligations in Illinois typically end when a child turns 18 or graduates from high school, whichever occurs later. However, the Illinois Marriage and Dissolution of Marriage Act (“IMDMA”) provides a critical exception: child support may be extended beyond age 18 for disabled adult children.

Qualifications to Be Considered a Disabled Adult Child

To qualify for continued child support as a disabled adult child, the individual must meet the legal definition of a disabled adult under Illinois law. According to the IMDMA, a disabled adult child is someone who has a physical or mental impairment that substantially limits one or more major life activities, has a documented history of such an impairment, or is regarded as having such an impairment. This definition can include cognitive impairments, physical disabilities, and certain mental health diagnoses.

Extending a Child Support Order in Illinois

In cases involving disabled adult children, a parent may request continued child support by filing a petition to extend support. This can be done:

• Before the child turns 18;
• After the child turns 18; or
• Following the death of a parent, seeking support from the decedent’s estate.

Once the petition is filed, the court will evaluate relevant factors to determine whether to extend child support. These factors include:

• The financial resources of both parents, including their ability to meet their own needs.
• The standard of living the child would have enjoyed if the marriage had not been dissolved.
• The financial resources of the child, including Social Security disability benefits or other government assistance.
• The child’s ongoing medical and living expenses, as well as any medical costs related to the child’s condition.

How Do I Calculate the Amount of Child Support I Should Pay?

Calculating child support for a disabled adult child differs from standard child support guidelines. The court may adjust the obligation based on:

• The income of both parents;
• The cost of the child’s ongoing care and support;
• The availability of Social Security disability or other benefits; or
• The nature and severity of the child’s disability, including mental health diagnoses and cognitive impairments.

The goal is to ensure that the disabled adult child has the necessary resources to live with dignity and proper care.

Medical Costs in Determining Child Support

Medical costs related to a child’s disability—such as therapy, medications, assistive devices, or ongoing treatment—are critical when determining support. Courts may factor these expenses into the final order, especially if they are not covered by insurance or government benefits.

Who Receives Child Support Payments for Disabled Adult Children?

In most cases, child support is paid directly to the custodial parent who is caring for the disabled adult child. However, if the child lives independently or is supported by public aid programs, the court may direct payments to a third party, such as a guardian, or even directly to the disabled adult child if appropriate.

Why Consulting an Attorney Is Essential

Navigating the extension of child support for a disabled adult child involves unique legal and financial challenges. A skilled family law attorney can help determine whether your child qualifies under Illinois law, guide you through the post-decree filing process, and calculate a support amount that accurately reflects the child’s needs, including medical costs, social security disability benefits, and other expenses.

If you’re unsure how to proceed, consult with an attorney who is experienced in handling complex support issues for disabled adult children. Your child’s long-term care and financial stability may depend on it.

Need More Information or Representation?

If you are thinking of filing to extend child support for a disabled adult child, give The Law Office of Tiffany M. Hughes, P.C. a call today at 773-893-0228 for a confidential, complimentary 30-minute phone consultation or email Tiffany Hughes directly at Tiffanyhughes@thugheslaw.com. Our entire practice is solely dedicated to the area of family law. We are highly experienced in providing legal representation to anyone who is seeking to extend a child support order in Illinois for a disabled adult child, learn more about qualifications to be considered a disabled adult, how to calculate the amount of child support a parent should pay, effect of social security disability, medical costs in determining child support, who child support payments for a disabled adult child go to, or considering whether cognitive impairments or mental health diagnoses qualify as a disability in Illinois.

About Tiffany M. Hughes, Divorce Attorney, Principal, Managing Partner, The Law Office of Tiffany M. Hughes, P.C.:

Tiffany M. Hughes is a divorce attorney and Managing Partner of The Law office of Tiffany M. Hughes. Recognized as a Top 100 Lawyer in Lawyers Magazine in 2018 and 2019, Super Lawyer from 2016 to date, and in addition to numerous other accolades, Ms. Hughes represents individuals in all aspects of family and matrimonial law proceedings, including litigation, mediation, allocation of parental responsibility (formerly known as custody), parentage, divorce and other child-related matters.

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This blog is made available by The Law Office of Tiffany M. Hughes, P.C. for educational purposes only as well as to give you general information and a general understanding of Illinois law, not to provide specific legal advice. By using this website you understand that there is no attorney client relationship between you and The Law Office of Tiffany M. Hughes, P.C. The website should not be used as a substitute for competent legal advice from a licensed professional attorney in Illinois.  The law changes constantly and we do not go back in time to edit old posts that may be affected by these changes.  If you have any questions about Illinois law, which is the only State this blog and website discusses, please call The Law Office of Tiffany M. Hughes, P.C. for a complimentary phone consultation and do not draw any legal conclusions without speaking to a competent attorney in Illinois first.