Regardless of whether you are the payor or recipient of child support in Illinois, there are certain expenses that you expect to incur. Food, lodging, education, utilities, and extracurricular activities just scratch the surface when it comes to raising a child, so it is obvious that a large portion of support payments will be dedicated to these and related costs. However, medical expenses are sometimes overlooked when addressing child support in a divorce case or after establishing paternity. Regular health care, emergency medical treatment, and insurance can skyrocket, so you can understand the importance of incorporating these costs in connection with child support.
Fortunately, health care expenditures will not slip by the wayside when you have a Chicago child support lawyer on your side. You are required by Illinois law to consider them, but you also need to address medical expenses to protect your child’s health and your own interests. An overview and a few notable factors may help you understand the relevant concepts.
Default Rule on Child Support for Medical Costs
Illinois’s child support statute gives courts the power to order either or both parents to pay reasonable, necessary amounts for the benefit of the child. The language specifically states that the duty to support includes all physical, mental, and emotional health needs, addressing medical costs generally.
However, the Illinois statute on health insurance is separate from the primary child support law, and it goes into more detail on medical expenses. The court can require the paying parent to name the child as a beneficiary on any health insurance plan available to him or her through employment. If such a plan is not available, the judge may order the payor to obtain coverage for the child through a group or individual plan. When the parent receiving support is forced to procure insurance for the child, the payor may be required to reimburse a portion of the cost.
Special Considerations to Note
When the child incurs additional medical expenses that are not covered by health insurance, there are some points parents may need to address:
- Illinois child support laws give judges discretion to tack on extra amounts beyond the guidelines, including health needs not covered by insurance. A parent receiving support should make this specific request in the initial court order, but it is also possible to petition the court later.
- Keep in mind that uncovered medical costs are generally either ordinary or extraordinary. Any child support order should include the distinction to separate costs like deductibles and co-pays from cosmetic or elective surgery.
- Illinois law requires insurers to eliminate enrollment period requirements when adding a child under a child support order.
- Employers are prohibited from removing a child from an insurance plan unless the support order has terminated or the employee is no longer employed.
A Chicago Child Support Lawyer Can Provide Additional Details
For more information on how medical expenses work in the context of Illinois child support, please contact Michael C. Craven. You can schedule a consultation at our Chicago, IL office by calling (312) 621-5234 or filling out our online form. Our child support attorneys can advise you on your rights and options after reviewing your unique circumstances.
