Physical Emotional, and Educational Needs of Child

The fourth factor, the physical and emotional condition of the child and the child’s educational needs, codifies and emphasizes consideration of those situation in which special education, psychological counseling, psychiatric services, orthodontia, and other such services may be necessary (or in place already) for a child of a dissolved marriage. It also gives the practitioner the opportunity at the time the award is set to emphasize those particular needs of the child, including former needs that may recur, presently ongoing special needs, and anticipated special needs, and including those resulting from the trauma of the dissolution. These needs can then be addressed in the original judgment to the greatest extent possible.

For example, one appellate court has held that daycare costs can be covered under this factor and be specially provided for, In re Marriage of Serna, 172 Ill.App.3d 1051, 527 N.E.2d 627, 123 Ill.Dec. 164 (4th Dist. 1988). In that case, the court awarded the statutory guideline percentage amount plus one half of the daycare costs for the minor child. The appellate court upheld that level of child support as appropriate since both parents worked and daycare was necessary for both parents to produce income. See also In re Marriage of Seitzinger, 333 Ill.App.3d 103, 775 N.E.2d 282, 266 Ill.Dec. 720 (4th Dist. 2002).

In a pre-guidelines case, the appellate court affirmed the trial court, which had ordered the father to pay over 50 percent of his net income for the support and medical bills of two minor children because the children were in poor health and of tender age. In re Marriage of Piktel, 81 Ill.App.3d 567, 401 N.E.2d 584, 36 Ill.Dec. 743 (2d Dist. 1980). Moreover, the court also affirmed the award of the marital home to the wife after barring maintenance in disguise) because the marital home was the best place for the children to live.

In In re Marriage of Campbell, 252 Ill.App.3d 653, 624 N.E.2d 1230, 191 Ill.Dec. 852 (1st Dist. 1993), the father appealed from an order requiring him to pay $2,300 per month for child support in addition to $20,000 per year for the child’s boarding school. The father argued that since the child was not living with his mother while away at boarding school, the mother was entitled to receive child support. The court disagreed, emphasizing the very high standard of living that would have been provided to the child but for the dissolution of the marriage, 624 N.E.2d at 1236 – 1237. Additionally, the court stated that the child support awarded to the mother was necessary for the child’s school, travel, and clothing expenses along with overhead expenses necessary to maintain a home for the child when he was on vacation and school breaks.

A trial court has the statutory authority to order the payment not only of a health insurance premium but also to order the payment of ordinary and extraordinary medical expenses not covered by insurance, though there are admittedly few guideline for apportioning these expenses. In re Marriage of Raad, 301 Ill.App.3d 683, 704 N.E.2d 964, 235 Ill.Dec. 391 (2d Dist. 1998).

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