Am I Entitled to Child Support for an Adult Child with Disabilities?

 Posted on April 05, 2026 in Child Support

It’s typical for child support to end when a child turns 18 and finishes high school. For families with a child who has a significant disability, though, the needs of their child may continue long after that point. If your child can't live independently because of their special needs, you may be able to continue receiving financial support from your co-parent, even into your child's adult years. If you have questions about your situation, a DuPage County child support attorney can help you understand how Illinois handles these cases.

When Do Children Need Child Support Past the Age of 18?

As the cost of care for people with disabilities continues to rise, the financial burden on a single caregiving parent can be significant. Whether your child needs daily assistance, specialized therapy, medical equipment, or supported housing, non-minor support is designed to make sure both parents share in that responsibility.

Child support obligations usually end when a child turns 18 or graduates from high school, whichever happens later. But the law also recognizes that some children will never be fully self-supporting. In these cases, Illinois has a specific statute (750 ILCS 5/513.5) that allows courts to order support for a non-minor child with a disability. Financial support may be ordered from either or both parents. This kind of support is often called "non-minor support" or "non-minor child support."

Illinois defines a disability as a mental or physical impairment that substantially limits a major life activity. Conditions that may qualify include, but are not limited to:

• Autism spectrum disorder
• Intellectual or developmental disabilities
• Severe mental health conditions
• Physical impairments that prevent independent living

One key rule to bear in mind: the disability must have existed while the child was still eligible for regular child support under Illinois law. A condition that is first diagnosed after the child turns 18 and ages out of support is generally not covered under this statute.

How Does an Illinois Court Decide Whether to Award Non-Minor Child Support?

Non-minor support isn’t automatic for families with disabled children. If you file a petition for non-minor support, a judge will look at all your family's finances and your child's needs. There are no set guidelines for calculating the amount (unlike standard child support). Instead, the court weighs all relevant factors, which can include:

• The financial resources of both parents, including retirement savings
• The child's own financial resources, if any
• Whether the child qualifies for government benefits such as Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI)
• The standard of living the child would have had if the family had stayed together
• Any other state or federal benefits the child receives

If your child receives SSI or SSDI, the court may factor those benefits into the calculation and reduce the support obligation accordingly. However, receiving government benefits does not automatically disqualify your child from receiving more support from a parent.

How Is Non-Minor Child Support Paid in Illinois?

If the court grants your petition for non-minor support, payments can be structured in a few ways. Funds may be paid directly to the parent who provides the care for the adult child. Families can also set up a special needs trust for the child and have funds sent directly to it. Trusts like this are a great tool for families of special needs children. They hold money for a person with a disability without affecting their eligibility for certain government programs.

When Should You File for Non-Minor Child Support?

You can apply for non-minor support either before or after your child turns 18 (as long as the disability was diagnosed before age 18). Many parents find it helpful to file before the child reaches adulthood, so there is no gap in support. If your child is already 18, you can still petition the court, but there may be delays in payments.

Can Non-Minor Support Payments Continue After One or Both Have Passed Away?

One of the most difficult parts of having an adult child who can't support themselves is the reality that they might outlive their parent caretakers. Illinois law does allow for continued support arrangements even after the death of one or both parents. A court may award support amounts out of a deceased parent's estate for any child, not just for disabled adult children. Under 750 ILCS 5/510(d) and (e), an existing support obligation is not ended by a parent's death. A petition for support can be filed before or after death against the deceased parent’s estate. If the caregiving parent passes away, a guardian or other representative may step in to continue receiving payments on behalf of the adult child.

One practical step parents can take is to ask the court to require life insurance to help secure the support obligation. Claims against a deceased parent's estate must be filed quickly, as Illinois probate law imposes deadlines on estate claims. In cases where families expect many years of an adult child needing support, consulting with a family law attorney about your options and what makes the most sense for your family is wise.

Call a Naperville, IL Child Support Attorney Today

If you have questions about how child support may look for your adult child in 2026, contact a DuPage County child support lawyer at Pesce Law Group, P.C. for a free consultation. Attorney Pesce has nearly two decades of legal experience. He also has significant experience with cases involving children. He is Court-approved in DuPage County to serve as a Guardian ad Litem, child's representative, attorney for the child, and Mediator in custody and visitation matters. Call Pesce Law Group, P.C. at 630-352-2240 today.