Child Support Considerations for Special Needs Children in Illinois
In Illinois, orders for child support should include a date that indicates when payments will end. The support termination date, however, cannot occur before the child is 18 years old. This rule exists to ensure that the parents financially provide for the minor who may or may not have the means to provide for himself. If a child has special needs and is unable to care for himself, the judge has the authority to extend the support date past the age of 18 and into adulthood. Taking into account the financial resources of the parents and the adult child, the judge may also order that one or both of the parents use their income or property to support the adult child. This petition can be made before or after the child turns 18.
If the divorcing parties cannot come to a consensus and the paying partner cannot be trusted to make payments without a court order, the court may award alimony or child support in the form of cash. Parents who are behind on payments by the termination date are still responsible for any unpaid support amount after the termination date.