Supporting Non-Minor Children with Disabilities

blog photo supporting non minor children with disabilities

Supporting children, especially those with disabilities, can be difficult for a family. Caring for a non-minor child with disabilities presents a unique set of considerations, particularly when navigating legal and financial support structures. At Sterk Family Law, we understand these challenges and are committed to guiding families through the difficulties of Illinois law, specifically as it pertains to the support of non-minor children with disabilities. Follow this blog as we break down important details.

Understanding the Legal Framework

Illinois Statutes Chapter 750, Section 5/513.5, is an important resource for families. It offers a remedy for the needs of disabled adult children to be met, particularly after the dissolution of marriage or in the event of separation. This legislation highlights the responsibility of both parents to contribute to their child’s well-being, focusing on the special needs associated with disabilities without regard to the child’s age.

The statute takes into account several critical factors when determining the extent of support required, including but not limited to:

  • The financial resources and needs of the child, including their ability to contribute to their own support.
  • The standard of living the child would have enjoyed had the marriage not been dissolved.
  • The financial resources of both parents include their earning capacity, income, and assets.

This comprehensive approach ensures that Judges render their decisions considering the totality of the circumstances.

The Practical Implications for Families

Navigating the legalities surrounding support for non-minor children with disabilities can be challenging. It’s not just about understanding one’s obligations but also about securing a child’s future whose needs might extend far beyond the traditional scope of parental support. The statute clarifies the legal framework and allows families to seek fair and comprehensive support agreements.

Finding legal representation familiar with these laws can help you better understand both your rights and your child’s rights. A tailored approach is necessary, considering the nuances of the law and each family’s specific circumstances. It’s about ensuring that the support meets the child’s needs, considering all sources of support, including government benefits, trusts, and other means.

Finding the Right Legal Support for Your Family

When seeking legal support for a non-minor child with disabilities, it’s essential to ask the right questions and identify a legal team that truly understands your family’s unique needs. Here are several questions and considerations:

  • Ask about their experience in family law, specifically with cases involving disabled adult children.
  • Learn how they negotiate support agreements and their strategy for advocating in court for non-minor children.
  • Seek an understanding of governmental benefits that may be available

A firm that combines knowledge with empathy, focusing on your child’s long-term well-being, will be invaluable in navigating these complex legal waters and securing the best outcome for your family.

To ensure your child with disabilities receives the support they need under Illinois law, taking proactive steps is crucial. Here’s a guide to making informed decisions: First, identify legal advisors focusing on disability and family law. Ask specific questions about their experience with similar cases, how they plan to address your child’s needs in support agreements , and their strategy for representing your interests in court. Choosing a legal team that is both knowledgeable and empathetic can make a significant difference in achieving a positive outcome for your child.

We’re Here To Help

We’re here to walk this path with you at Sterk Family Law, providing the legal knowledge and compassionate support your family needs during these times. If you’re navigating these challenges, we encourage you to reach out. Together, we can ensure your child’s future is secure and bright. You may contact us through the form below, or call 815-600-8950.

 

This is a legal advertisement from Sterk Family Law Group. It does not constitute legal advice and should not be construed as such. This article is for informational and educational purposes only.

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