Child support AND 100% medical?

[sbeeman]

What is the name of your state? Illinois

My husband is divorced with three kids from that marriage. The divorce agreement said he was to pay 100% of medical in exchange for reduced child support. She took him back to court for more child support and it was raised to standard for his income, but medical was not modified in any way. We still pay 100% medical. Including insurance, dental insurance, eyeglasses and any and all out of pocket expenses. As a result she takes them to doctors and hospitals without a thought. She is taking him back to court for the third time now for yet more child support. Shouldn't the medical be modified? According to his divorce papers he was only paying 100% because of reduced child support. We paid out nearly half of our net income last year in child support, insurance and out of pocket medical expenses. Can anyone in madison county IL recommend a lawyer that can help us? I am a divorced mother who can't collect a red penny from a deadbeat and on the other end, this lady is draining us dry. Shouldn't she be responsible for half of her children's medical care since child support has long since gone up to normal? Just for the record, if she actually reported all her income to the IRS she makes more than we do.

 

[VeronicaGia]

Yes, he should have filed for that modification when she filed for more support. He should file for the modification now.

 

[Inquiry123]

Insurance

It is not unusual for one parent to be ordered to carry/pay (100%) for health coverage for the child. It is customary for the cost paid FOR THE CHILD'S coverage to be deducted from that parent's total support obligation. That is probably what you have understood as "reduced child support".

Co-pays and uncovered medical expenses are often split 50/50 between parents or at a percentage relative to each parent's percentage of support obligation. Since you're on your way back to court, seek to have this modified from the original order.

Just for the record, have your atty demand the ex's bank statements for the last 2 years. Income not disclosed to the IRS (all those tips earned while dancing) have a strange way of showing-up as cash deposits in a checking account.