Having an adult disabled child is difficult. Having to drag your child’s parent into court to support that adult disabled child makes it even worse. Caring for an adult child surely reduces the earning capacity of the care-giving parent which makes expensive litigation all the more burdensome without a request for attorney’s fees. Can you ask your child’s other parent for attorney’s fees as well as support for an adult disabled child in an Illinois divorce or parentage action? Supporting An Adult Disabled Child In Illinois Parents of disabled children owe their disabled child support well into adulthood. “The court may award sums of money out of the property and income of either or both parties or the estate of a deceased parent, as equity may require, for the support of a child of the parties who has attained majority when the child is mentally or physically disabled and not otherwise emancipated.” 750 ILCS 5/513.5(a) The Illinois statute provides few guidelines or restrictions as to how much support can be requested in order to support an adult disabled child. “In making awards under this Section, 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 present and future financial resources of both parties to meet their needs, including, but not limited to, savings for retirement;(2) the standard of living the child would have enjoyed had the marriage not been dissolved. The court may consider factors that are just and equitable;(3) the financial resources of the child; and(4) any financial or other resource provided to or for the child including, but not limited to, any Supplemental Security Income, any home-based support provided pursuant to the Home-Based Support Services Law for Mentally Disabled Adults, and any other State, federal, or local benefit available to the non-minor disabled child.” 750 ILCS 5/513.5(b) Attorney’s Fees And The Support Of An Adult Disabled Child 750 ILCS 5/513.5 provides great latitude to require the parent with more money to support the adult child. 750 ILCS 5/513.5 is silent, however, as to whether the parent with more money should pay for the other parent’s attorney’s fees either during or after the litigation required to determine the support of an adult disabled child. Typically, parties are responsible for their own attorney’s fees. “Illinois follows the ‘American Rule,’ which provides that absent statutory authority […]
