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Naperville child support attorneysIf 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. 

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DuPage County family law attorneyIf a child support order is entered in a divorce case, it must be obeyed unless a party is able to demonstrate by clear and convincing evidence that he or she requires modification to the order. The paying party cannot simply decide to stop paying support, and if this does indeed happen, there are methods you may use to ensure you and your children receive what you are owed. Garnishing wages is perhaps the most common in the state of Illinois, and it is fairly easy to start the process.

Misconceptions About Garnishments for Child Support

It is important to understand what actions may be legally taken regarding owed child support and garnishments, as child support is in somewhat of a special category when it comes to required payments. Many believe, for example, that a court order is necessary before you can garnish wages for child support. This is not actually the case in Illinois. Child support is one of the few obligations for which a court order is not required before garnishment; others include are unpaid taxes and student loans that are in default.

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