Legal Question in Family Law in Illinois

I recently started a new job and my ex-wife wants to take me back to court for more child support. I have 2 children and the rate in Illinois is 28%, which I have no problem paying. My problem is I can't afford to give her 28% AND pay for their health insurance (which is $330 a month). She re-married and her and her husband both have access to health insurance thru work. My question is shouldn't health insurance be covered in the 28% I have to pay?


Asked on 5/17/10, 10:38 am

1 Answer from Attorneys
Jonathan Shimberg Shimberg and Crohn, P.C.

No - The law says you have to pay the health insurance and then the 28% is calculated. If you can prove your ex-wife has health insurance which can cover the kids, you may be able to persuade a judge to order her to put them on her policy, but you will have to pay any increased costs.

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Answered on 5/31/10, 6:08 am


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