Legal Question in Family Law in Illinois
Daycare & Medical Expenses - Wage Garnishment?
1)My child's father was ordered to pay child support (which is automatically deducted)from his pay. He was also ordered to pay 1/2 childcare. He has informed me that the only way I will get his portion of the daycare expenses (on time & in full) is if I take him to court. Is there a way to do this on my own (since it is in the original agreement)?
2) Despite court order for him to cover child on his medical insurance, mine is better and we've chosen to use mine as primary. Can I have his support adjusted for that?
3) I submit all claims to father's employer (as secondary insurer), but father receives reimbursement checks. What kind of order is necessary so I receive checks instead of father (he won't acknowledge receipt, until I hound the employer).
4) Father is supposed to have $75,000 life insurance policy. He refuses to provide proof.
Thank you
1 Answer from Attorneys
Re: Daycare & Medical Expenses - Wage Garnishment?
You can enforce any provisions of the Final Judgment re sharing of health care costs, life insurance, child care, etc. by filing a Motion For Contempt/Enforcement. You can also ask the court for attorney fees so you are advised to consult with a family law attorney for options and procedure. If you want to make substantial changes in the Final Judgment, you may file a Petition For Modification which is much more involved procedurally. For minor revisions such as your health insurance issue, you may want to try to negotiate a new agreement with the father as part of the contempt/enforcement proceeding. It is in his interest to work out these matters without large legal fees. Sometimes, it is necessary to take the other parent to court for enforcement; this may help them realize that getting along is preferable to paying high legal fees and enduring the stress. Again, you are advised to consult with a family law attorney re specific options.
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