Legal Question in Family Law in Illinois

Re: medical, dental, eyecare, college obligation

Many questions here.

Child support in Illinois has guidelines which are followed fairly uniformly by all courts in all cases, unless there is an unusual circumstance. For one child, the guidelines set support at 20% of the obligor�s net income from all sources. Generally, net income is the amount left over after deduction of taxes and other mandatory deductions. Discretionary deductions such as voluntary savings plans, 401k�s, IRA�s, and the like are not considered deductions for �net income� purposes.

With regard to the fact that your ex hid his income, show the judge and see what happens. I can�t predict the result. If he committed fraud on you (you would be required to show that), you could gain financially. If you merely failed to inquire as to his income or failed to follow-up on continuing support, you might be out of luck on back support (commonly, the earliest the effective date of a support order is the date that the obligor first received notice of your petition to modify support). To ensure that your ex doesn�t hide the ball again, ask the judge to include in the child support order a provision that he must notify you of income/job changes (or provide income tax returns annually).

Health insurance for the child is a requirement that can be placed upon (or partly upon) the obligor in addition to support, particularly where the obligor can add the child to an employer-based group policy. Uncovered medical, dental, optical, psychological costs can also be added to an obligor�s burden (in whole or, more commonly, in part), but it depends on many things. Ask for it.

College expenses are discretionary with the judge, but the theory is that parents should contribute to college in the fashion they would have done if the marriage had not been dissolved. It is very common that when a parent asks for college cost help, the asking-parent is also held to an obligation to assist.

Your should have an attorney representing you in your petiton to modify support. I strongly recommend it. Often, party litigants don�t know how to go about preparing for and presenting their case. For example, are you subpoening your ex�s income info from his employer? Do think seriously about hiring a lawyer. Since you�re a stay-at-home mom, your lawyer might be successful in having the legal fees paid by your ex � this might be the way the judge makes up for your ex hiding his income for so long.

By the way, be certain to get back into court promptly when your daughter is returned to you to get the child support re-started.

Now, as for your question about how to improve your ex�s lack of interest in his daughter, I have no satisfactory answer. It is sad.