Monday, August 20, 2012

Changes to Child Support Statute in 2013 on Child Related Expenses

A recurring issue in family law has been the issue of what child support covers. Do regular percentage child support payments cover all the costs of raising children or are there some expenses that a non-custodial parent should pay outside of the child support. In Will County, divorce judges have routinely ordered non-custodial parents to contribute toward a child’s unreimbursed medical expenses, day care costs, school fees and extracurricular expenses IN ADDITION to regular child support.

This has sometimes been hard to explain to clients paying support because the child support statute never addressed the issue directly to say whether these additional expenses were part of what child support covered. However, a change effective January 1, 2013 is meant to clarify the issue. The statute now gives the court the specific authority to award theses additional expenses (or a contribution to them) in addition to regular child support.

The new law states:
750 ILCS 5/503 (2.5) The court, in its discretion, in addition to  setting child support pursuant to the guidelines and factors, may order either or both parents owing a duty of support to a child of the marriage to contribute to the following expenses, if determined by the court to be reasonable:
            (a) health needs not covered by insurance;
            (b) child care;
            (c) education; and
             (d) extracurricular activities. 

For more information contacts Will County Divorce Lawyer, Anthony Andreano at www.andreanoandlyons.com or (815) 954-8175.