Legal Question in Family Law in Illinois

Hello,

I am writing today because I have two issues. I have been identified as the non-custodial parent of my 4 year old daughter. I have been ordered to pay child support and have been doing so with no qualms about the situation. The first issue is in relation to visitation. Although child support is coming out of my paycheck (and I understand that it will continue to come out) I am unable to see my daughter when I like. I have tried (on several occasions) to create a visitation order that was mutually beneficial to myself, and my daughter's mother, of course to no avail. I would like to know what must be done to establish visitation rights.

My second issue is in reference to a QMCSO (qualified medical child support order). When I began employment at my new job, I was notified that deductions would start coming out of my paycheck because of my newly acquired insurance from my daughter. Of course, these deductions, and child support are causing a great financial strain. It should also be indicated that my daughter's mother admitted to the fact that my daughter is receiving insurance, and would be willing to submit paperwork to whomever necessary to speak to that fact so that the deduction would not be made every week. However, it seems as if my daughter's mother has not provided documentation. What documentation must be submitted to prove that 1. my daughter is enrolled in a health care plan and 2. once I obtain this documentation where can I submit this paperwork to reverse the QMCSO?

Thank you.


Asked on 12/09/09, 6:27 pm

2 Answers from Attorneys
Jonathan Shimberg Shimberg and Crohn, P.C.

When the court granted the CP custody it set up visitation. If you are not receiving that visitation, you can file a motion seeking relief from the court to enforce the order. If you want more than was ordered, you can attempt to increase the visitation, but a change in circumstances explaining why you want more would help the court. Your mere desire to want more time may not be enough. As to the QMCSO, the law says you are to maintain health insurnace as the NCP. Sometimes parties agree to the CP maintaining insurance with the NCP contributing to the cost. If you can show it is less expensive to maintain the child on the CP's insurance, the court may modify the order, but be aware that your support may increase.

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Answered on 12/15/09, 4:36 am
John Steele Steele Law Firm

If there was no visitation order entered, (or the issue was essentially ignored in the court's rush to deal with child support), you can go back and fix the matter. If there is nothing in place, and you are simply relying on the mother to "do the right thing", i recommend getting the matter before a judge, and getting an order detailing your parenting rights.

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Answered on 12/15/09, 12:17 pm


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