Child Support Considerations for Divorcing Parents with Special Needs Children 

 Posted on August 21, 2026 in Child Support

At the core of many divorces is the question: how will the divorce affect the children? That question is even more pressing when divorcing parents have a child with disabilities.

Divorcing parents may disagree about a child’s needs and the amount of support required. One parent may question the diagnosis or the cost of care. The other parent may believe that additional child support is required to meet the child's needs.

A Naperville, IL family law lawyer can explain when additional support may be available in 2026.

When May Additional Child Support Be Necessary in Illinois?

Under 750 ILCS 5/505, a judge can deviate from the standard child support guidelines under certain circumstances. Common reasons include the following.

Personal Needs of the Child

A child may have emotional, mental, or physical disabilities that require specialized care or services. Additional child support can help cover these costs.

Unreimbursed Medical Expenses

Health insurance does not cover every medical cost. Copays, deductibles, therapy, and other out-of-pocket costs can be significant for a child with special needs.

Educational Needs of the Child

A child with a learning disability may need outside tutoring or specialized educational services. Additional child support can help cover these costs.

If a judge departs from the typical child support guidelines, they must state what the guideline amount would have been. The judge must also explain the reasons for the decision in writing.

What Evidence Do You Need for Extra Child Support for a Special Needs Child in Illinois?

When a parent requests additional support, the court will need evidence of the child’s needs and related costs. This can include medical records, a diagnosis, treatment recommendations, bills, and school records. Teachers, doctors, or therapists may also provide useful information. If the other parent disputes the child’s needs, the court may consider whether another evaluation is necessary.

Can You Modify an Existing Child Support Order If Your Child's Needs Change?

Under 750 ILCS 5/510, a parent generally has to show a substantial change in circumstances to change their child support order. Some parents who receive state child support enforcement services can also request a review after three years.

A new diagnosis may be a substantial change if it affects the child’s needs or the cost of care. Changes in therapy costs or a child's school placement may also qualify depending on the facts. Illinois courts can also modify support when more money is needed for the child’s health care, even if nothing else has changed.

Will an Illinois Court Appoint Someone to Investigate a Child's Special Needs?

In some special needs cases, the court appoints a Guardian ad Litem. A Guardian ad Litem is a court-appointed attorney who can investigate the child's needs independently. They may speak with the child's doctors, teachers, or therapists directly. They will report their findings to the court. The court may use what a Guardian ad Litem reports to help it make decisions about additional child support.

The court will decide who pays the Guardian ad Litem's fees. That can mean either parent, both parents, or in some cases the marital estate.

Can Child Support Continue Past Age 18 for a Child with a Disability in Illinois?

Standard child support usually ends when a child turns 18 or graduates from high school, but it cannot continue past age 19 under the standard rules. Illinois courts can order support for an adult child who has a mental or physical disability and is not otherwise emancipated. The disability generally must have begun while the child was still eligible for child support or educational support.

Either parent can ask the court to order additional support. This request can be made before or after the child turns 18. The court can also direct payments into a trust set up for the child's benefit rather than to a parent. A properly created disability or special needs trust can help protect the child’s eligibility for benefits such as Supplemental Security Income.

Call a DuPage County, IL Child Support Lawyer Today

Children with special needs can require costly medical care, therapy, or educational services. Getting support to cover these costs can make a significant difference to the parent who is primarily paying for them.

Whether you're requesting additional support for the first time, asking the court to modify an existing order, or looking ahead to support after your child turns 18, Pesce Law Group, P.C. can help you understand your options.

Attorney Don Pesce has nearly two decades of experience in Illinois family law. He is Court-approved in DuPage County to serve as a Guardian ad Litem or attorney for the child. Call Pesce Law Group, P.C. at 630-352-2240 today to schedule your free consultation with our Naperville family law attorneys.