How Does Having a Special Needs Child Affect My Child Support in Illinois?

 Posted on January 15, 2026 in Child Support

If you have a child with special needs, you may worry about how their extra care will affect child support payments in 2026. Unfortunately, parents of children with special needs get divorced much more often than other parents.

This can put a lot of strain on whoever ends up taking the most care of the child. Children with disabilities often need more medical care, therapy, and support than other children. Illinois law understands this and allows courts to change child support to meet these needs. If you need help with child support questions, our Cook County family law attorney can guide you through.

What Makes a Child "Special Needs" Under Illinois Law?

Illinois does not have one legal definition of "special needs" for child support purposes. Instead, courts look at whether a child has physical, mental, or emotional disabilities that cost more money than raising a child without them.

Special needs can include physical disabilities that need medical equipment, developmental delays, autism spectrum disorder, learning disabilities, or mental health conditions. For Illinois courts, the key point is whether the child's condition has extra expenses beyond what normal child support covers.

How Does Illinois Calculate Child Support for Special Needs Children?

Illinois uses a formula to calculate child support. This formula (found in state statute 750 ILCS 5/505) is based on the parents' combined net income and the number of children. For special needs children, courts can add extra money to the basic support calculation. How much depends on the needs of the disabled child.

What Extra Costs Can Be Included?

• Medical equipment like wheelchairs, walkers, or hearing aids.

• Therapy services, i.e., physical therapy, occupational therapy, and speech therapy.

• Mental health treatment and counseling.

• Special education or private schools for children with disabilities.

• Home modifications to make the house safe and accessible.

• Special transportation to medical appointments or therapy.

• "Respite care" to give the primary caregiver breaks.

• Medications and medical supplies that are not covered by insurance.

The parent asking for extra support must show proof of these costs. This usually means providing bills, receipts, and statements from doctors or therapists explaining why the services are needed.

Can Child Support Continue After Age 18 for Special Needs Children?

In typical Illinois child support cases, support ends when a child turns 18 or graduates from high school. Children with disabilities may need support for much longer, though.

Illinois law allows child support to continue past age 18 if the child has a physical or mental disability that makes it so they cannot support themselves. The disability must have started before the child turned 18. You must show the court that your adult child cannot meet their own basic needs. This includes being unable to work or earn enough money to live independently.

How Can I Modify Child Support for My Special Needs Child?

If your child develops special needs after the original support order, or if their needs change and they need more extensive care, you can ask the court to update the order. Illinois law requires a "substantial change in circumstances" to modify support. Developing a disability or having disability-related costs increase counts as a substantial change.

To request a modification, file a petition with the court from which the original support order came. You will need documentation of the child's condition, the care they need, and costs. Medical records, bills, and letters from healthcare providers help prove your case.

Call a Cook County Child Support Lawyer Today

Navigating child support issues for special needs children can be difficult. Our Chicago divorce lawyer at The Law Offices of Curtis Bennett Ross, L.L.C. understands how Illinois courts handle these sensitive cases. With over 40 years of experience as a certified public accountant, trained mediator, and court-appointed guardian ad litem, our attorney brings knowledge and legal skill to your case.

If you want help with child support for your special needs child in Illinois, contact us at 312-984-1514 today for your free consultation.