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  1. #1
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    Default Getting Child Support for an Adult Special Needs Child

    A special needs child is under a standard custody order, that anticipates that she will graduate high school no later than when she's nineteen, but she won't graduate until she is twenty-two. Is there a provision of law in Illinois that would allow her mother, the custodial parent, to receive child support as long as the child remains living at home and enrolled in high school?

  2. #2
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    Default Re: Getting Child Support for an Adult Special Needs Child

    The mother can petition for support under 750 ILCS 5/513.5.
    Quote Quoting 750 ILCS 5/513.5. Support for a non-minor child with a disability.
    (a) The court may award sums of money out of the property and income of either or both parties or the estate of a deceased parent, as equity may require, for the support of a child of the parties who has attained majority when the child is mentally or physically disabled and not otherwise emancipated. The sums awarded may be paid to one of the parents, to a trust created by the parties for the benefit of the non-minor child with a disability, or irrevocably to a special needs trust, established by the parties and for the sole benefit of the non-minor child with a disability, pursuant to subdivisions (d)(4)(A) or (d)(4)(C) of 42 U.S.C. 1396p, Section 15.1 of the Trusts and Trustees Act, and applicable provisions of the Social Security Administration Program Operating Manual System. An application for support for a non-minor disabled child may be made before or after the child has attained majority. Unless an application for educational expenses is made for a mentally or physically disabled child under Section 513, the disability that is the basis for the application for support must have arisen while the child was eligible for support under Section 505 or 513 of this Act.

    (b) In making awards under this Section, or pursuant to a petition or motion to decrease, modify, or terminate any such award, the court shall consider all relevant factors that appear reasonable and necessary, including:

    (1) the present and future financial resources of both parties to meet their needs, including, but not limited to, savings for retirement;

    (2) the standard of living the child would have enjoyed had the marriage not been dissolved. The court may consider factors that are just and equitable;

    (3) the financial resources of the child; and

    (4) any financial or other resource provided to or for the child including, but not limited to, any Supplemental Security Income, any home-based support provided pursuant to the Home-Based Support Services Law for Mentally Disabled Adults, and any other State, federal, or local benefit available to the non-minor disabled child.

    (c) As used in this Section: A "disabled" individual means an individual who has a physical or mental impairment that substantially limits a major life activity, has a record of such an impairment, or is regarded as having such an impairment. "Disability" means a mental or physical impairment that substantially limits a major life activity.

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