Chicago Child Support Lawyer

Representing Mothers & Fathers with Child Support Matters

D.M. Siegel, Attorney
19 S. LaSalle Street
Suite 707
Chicago, IL 60603
773-276-6969
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Medical Coverage Factored into Support 

The inclusion of medical coverage, including health, optical, psychological and dental insurance has been prevalent in child support orders for some time now.  However, the topic as of late, has received more attention from both the courts and the parents.  IMDMA §505(a)(2)(a) allows for deviation from standard guidelines if special needs for a child arise.  See Marriage of Ingrassia, 140 Ill.App.3d 826, 489 N.E.2d 386, 95 Ill.Dec. 165 (2d Dist. 1986) and Spencer v. Spencer, 73 Ill.App.3d 735, 392 N.E.2d 386, 95 Ill.Dec. 845 (3d Dist. 1979).

750 ILCS 5/505(a)(3)(f), 5/505(a)(4) allow for the payor parent to deduct health insurance premiums before arriving at “net income” from which support will be determined.

Children have a right to health and medical coverage, and this has been both stated and strengthened in an amendment to IMDMA §505.2, effective July 1, 1997, specifies the obligation to provide health insurance for dependent children.  Although all of §505.2 is relevant and should be reviewed, the most salient portion clarifies the law as follows:
Whenever the court establishes, modifies or enforces an order for child support or for child support and maintenance the court shall include in the order a provision for the health care coverage of the child which shall, upon request of the obligee or Public Office, require that any child covered by the order be named as a beneficiary of any health insurance plan that is available to the obligor through an employer or labor union or trade union.  If the court finds that such a plan is not available to the obligor, or that the plan is not accessible to the obligee, the court may, upon request of the obligee or Public Office, order the obligor to name the child covered by the order as a beneficiary of any health insurance plan that is available to the obligor on a group basis, or as a beneficiary of an independent health insurance plan to be obtained by the obligor, after considering the following factors:

  1. The medical needs of the child
  2. The availability of a plan to meet those needs; and
  3. The cost of such a plan to the obligor. 750 ILCS 5/505.2(b)(1).

See Also:

How Long is a Parent Obligated to Pay Child Support? 

How Does Standard of Living Influence Support? 

Expenses Covering Education, Physical Needs and Emotional Needs 

Defining Parent’s Financial Resources & How They Factor into Support 

 

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D.M. Siegel, Attorney
19 S. Lasalle Street
Suite 707
Chicago, IL 60603
773-276-6969

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