Disabled Children

IMDMA §513 addresses support for both minor and non-minor children who are either physically or mentally disabled. With respect to minors, the section is not merely duplicative of §505 since it allows the court to reach not only the parents’ income but also their property in making an award of support. By its terms, the statute covers both mental and physical disabilities. In re Marriage of Donahoe, 114 Ill.App.3d 470, 448 N.E.2d 1030, 70 Ill.Dec. 152 (2d Dist. 1983). Evidence of disability can be challenged, however, and then the court will rule on whether the child is entitled to support beyond majority age under this section of the law. Rosche v. Rosche, 163 Ill.App.3d 308, 516 N.E.2d 1001, 114 Ill.Dec. 846 (5th Dist. 1987).

In In re Marriage of Thurmond, 306 Ill.App.3d 828, 715 N.E.2d 814, 240 Ill.Dec. 127 (2d Dist. 1999), the appellate court reversed the trial court as to its finding of disability, noting that the child had been accepted at two colleges with educational assistance programs. While the child in question was admittedly a slow learner,” he had finished high school in four years with almost all As and Bs.

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