Petitioner appealed from a trial court order denying her petition for adult disabled child support for a child of petitioner and respondent who was 21-years-old but unable to live independently. The trial court dismissed the petition on the basis that it was not timely filed. The appellate court noted that it was a case of first impression regarding the timing of the petition for adult disabled child support under section 513.5(a) of the Illinois Marriage and Dissolution of Marriage Act. The appellate court reversed and remanded, finding that the petition for adult disabled child support was timely filed, even though it was filed after the child turned 18 years old. The appellate court also found the petition was concerning a disability that arose during childhood and sought services for an adult child who was not otherwise emancipated, as required by the statute. (ELLIS and COBBS, concurring)
Illinois Appellate Court
Civil Court
Adult Disabled Child Support