Legal Question in Family Law in Illinois

Medical Insurance

25% of my income goes to my ex-wife for child support

of my 2 children. I do everything that the law

requires of me (i.e. life insurance). Both children

are covered on my medical insurance, but dental only

covers 1/2 of braces and things like second sets of

glasses (within one year of the first) must be paid in

full, etc. According to the law, who is responsible

for the charges above and beyond what is covered by

insurance. I've been paying it ALL, but it is getting

ridiculous. I'm paying for disposable contacts every

few months because my ex-wife decides that our

daughter should have contacts because her glasses were

stolen (a lie in order to get rid of glasses and buy

contacts). That is going to cost me over $300

annually. Both children are in braces at the same

time, in which $4,000 is not covered. One of the

children wasn't even in dire need of them�only had a

slight overbite. Shouldn't I get a say in what is

needed and what is not? It's all ''cosmetic'' and not

necessary to their health. I can't get ahead when I'm

constantly dishing out extra m


Asked on 2/08/02, 1:57 pm

1 Answer from Attorneys
Sanford Martin Martin Law Office

Re: Medical Insurance

Some basic information is needed. Does the Final Judgment/Marital Settlement Agreement cover health and medical costs? If so, it controls. Usually, the Final Judgment or MSA (part of Final Judgment) says that the parents share the medical costs which are not covered by insurance. And usually, it indicates that the parties are to consult with each other regarding major, non-emergency medical expenses such as orthodontic services. If the Final Judgment does not cover medical costs, it becomes a matter of what is reasonable. If the mother has an income, she should share the medical expenses in excess of health insurance. And she should get your consent to large, discretionary medical expenses. A court would follow this general process in considering your situation. If you have several more years of this situation and can't reach reasonable agreement with your ex, you are advised to consult with a family law attorney who get discuss legal options with you.

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Answered on 2/08/02, 7:08 pm


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