How Are Children’s Medical Expenses Handled in Illinois Divorce Cases?

 Posted on April 14, 2021 in Child Support

Prior to filing for divorce, you may not have given much thought to maintaining health insurance coverage for your children and covering these costs. Health insurance is a somewhat controversial topic in the United States that also has the potential to lead to disputes during a divorce. One of the important elements in your parenting plan for your children will be the terms addressing your child’s medical information. You and your spouse must come to an agreement on several issues pertaining to your child’s healthcare, including how decisions will be made. One of the most important elements involves how you and your spouse will split the costs of your child’s medical care.

Maintaining Health Insurance for Your Child

The Illinois Marriage and Dissolution of Marriage Act (IMDMA) provides the formula that is used to calculate the basic child support obligation that both parents are responsible for. This formula takes into account various factors, such as the parents’ income and parenting time. The IMDMA states that the basic child support obligation is meant to be used toward a portion of your child’s out-of-pocket medical expenses. However, the court has the discretion to order either or both parents to initiate health insurance coverage for your child. If neither parent has health insurance coverage, or if their child is not eligible for coverage, the court may require the parents to seek state-sponsored health insurance for the child.

Managing Other Out-of-Pocket Healthcare Expenses

There will likely be times that you find that health insurance does not cover 100 percent of the costs associated with certain medical treatments or doctor’s visits. In these situations, it could be confusing and frustrating if you and your ex did not have a plan in place. If you often have out-of-pocket medical expenses for your child, you can ask the court to include a medical expense contribution in addition to the monthly child support obligation. This contribution would help cover expenses such as:

• Prescription medication not covered under your child’s insurance
• Unreimbursed medical, dental, or vision expenses
• Out-of-pocket copays

Speak to An Inverness, IL Child Support Attorney Today

When it comes to issues involving your children, the stakes can be high, and the stress of dealing with these issues can take a toll on you. At the Law Office of Nicholas W. Richardson, P.C., our goal is to help make your experience with the legal system as swift and painless as possible. Our knowledgeable Rolling Meadows child support lawyer will help you understand all of your options when it comes to providing the necessary support your child needs. To schedule a free consultation, call our office today at 847.873.6741.

Sources:

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

https://www.ourfamilywizard.com/blog/3-key-topics-managing-childs-medical-care-after-divorce