Do Child Support Orders Include Health Care Expenses in Illinois?

 Posted on September 23, 2020 in Child Support

If you are going through a divorce, the court will usually factor health care costs into the child support order they issue. This could significantly alter the amount of regular child support payments depending on what your and your spouse’s insurance offers. The Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5) outlines exactly how a court will calculate a child support order, so it is important to learn more about how this legislation could affect your divorce order by discussing your case with a divorce attorney. 

Child Support and Providing for Health Care Costs in Illinois

Basic child support requirements already should include ordinary out-of-pocket medical expenses. Also, the court may decide to require one or both spouses to ensure that their health insurance coverage covers their child, that they purchase health/dental/or vision policies to cover their child, or that they use alternative solutions to cover their child’s present and future medical needs. While child support orders typically require one spouse to make regular payments to help the other spouse provide for their child, the court may also encourage one or both spouses to pitch in to meet any medical expenses that are not covered by insurance, like office or pharmacy copays.

In some cases, the divorcing spouses may not have the financial resources and opportunities to provide private health care coverage for their child. If this is the case, a court may require that one or both parents purchase insurance coverage as soon as the cost is reasonable given the spouses’ circumstances, or the court can order the ex-spouses to file for public health care coverage for their child and split any remaining costs. 

A court order can also have a trajectory or change over time. For example, if at the time of divorce it is more reasonable for one spouse to provide cash support, but private health insurance becomes available at some point in the future, the spouse required to provide coverage may also be permitted to lower the required cash support payments in favor of health coverage. 

Contact a Naperville, IL Family Law Attorney

Divorce orders can last at least three years before they are subject to a modification review, so it is important to try to reach a fair outcome the first time. Prepare for divorce proceedings and develop a plan for what you hope to get out of the separation by working with a skilled DuPage County family law attorney. At Pesce Law Group, P.C., we provide legal counsel and representation for clients who are dealing with divorce and other issues pertaining to Illinois Family Law. To schedule a free consultation, call 630-352-2240.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59