Legal Question in Family Law in Illinois

How is it determined that an adult child born with physical anomalies is disabled and unable to hold gainful employment? This determination effects whether financial support is extended past the age of majority? The children have low muscle tone and contractures and walk with crutches.


Asked on 3/02/11, 2:18 pm

1 Answer from Attorneys

Yes, per 750 ILCS 5/513, children of divorcing/divorced parents who are normally too old to qualify for child support can receive it. The person seeking support must show with sufficient evidence that the children are unable to support themselves. The best evidence would be the testimony of an expert witness such as a physician.

A relevant snippet from the statute related to how the court should decide this:

"(b) In making awards under paragraph (1) or (2) of subsection (a), 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 financial resources of both parents.

(2) The standard of living the child would have

enjoyed had the marriage not been dissolved.

(3) The financial resources of the child.

(4) The child's academic performance."

(The academic performance bit really refers to Paragraph 2 which deals with college expenses).

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Answered on 3/02/11, 9:19 pm


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