The Illinois Family Lawyer

Commentary on the practice of family law (and other riveting subjects) from a Chicago lawyer

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Location: Chicago, Illinois, United States

Friday, January 05, 2007

I've just become involved with a very interesting case regarding Section 513 of the Illinois Marriage and Dissolution of Marriage Act. Here's part of the statue:

Sec. 513. Support for Non‑minor Children and Educational Expenses. (a) 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 the child or children of the parties who have attained majority in the following instances:

(1) When the child is mentally or physically disabled and not otherwise emancipated, an application for support may be made before or after the child has attained majority.


The big question is, what is "disabled"? The mother in this case is saying that the daughter is disabled with ADHD and some mild depression. It's early, but my gut instinct is that this is not "disabled" within the definition of Section 513.

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