Legal Question in Family Law in Illinois
My husband is the non-custodial parent of 2 adult children ages 22 & 24, they have both graduated from college. My original divorce decree indicates that I maintain insurance coverage on them until they graduate or turn 23 whichever comes first. She is taking me back to court to get an order that I maintain insurance on them until they are 26, based on the Health Care Reform Act, which is suppose to be an optional choice. She has withheld medical bills from me in order to use as collateral if I dont provide the insurance she will file a RSC, to have me pay 1/2 of the unpaid bills even though the original divorce decree indicates she has to notify me in 72 hours. Can a judge force this on me and order me to pay expenses that are over 3 yrs old even though she didnt comply with the terms of the decree? Can I be forced to provide insurance against my will, it is quite costly and will force me to lose my house. Also she is a paralegal and has worked with the same judge for over 20 yrs that is making this decision, isnt that a conflict of interest?
1 Answer from Attorneys
The judge I was in front of this morning says no. As long as the kids are done with college under 513 the court no longer has jurisdiction to order anything. The kids are o0ver 21, emancipated and divorce courts are subjects of statute.