Husband and Wife got divorced. Husband agreed to pay $185.70 per month in child support. Wife agreed to provide medical insurance for the minor child. The parties agreed to split all the medical, optical, dental, and extraordinary expenses that were not covered by medical insurance.
Years later, Husband was involved in a motor vehicle accident. His severe injuries left him permanently and totally disabled. The Court relieved him of his obligation to pay child support until he could work again.
The Illinois Department of Healthcare and Family Services, Division of Child Support Enforcement, said that it would provide child support enforcement services for Husband. It said that a dispute had arisen. Can a portion of the child’s dependent benefit be applied to offset Husband’s share of the uncovered medical expenses of the child that had accrued since respondent’s accident?
Husband argued that his medical support obligations should be stopped. The Court said that Husband did not prove that he should not pay for the medical support. Husband did prove that he suffered the required substantial change of circumstances.
However, Husband’s net income was now $87 per month more than it was before he became disabled. Husband’s social security disability benefit provided his sole source of funding. But, the evidence shows that his disability benefit was more than he had been earning in the workforce. In addition, Husband has been relieved of his obligation to pay $100 biweekly in child support so long as he is disabled from gainful employment.
The Court refused to relieve Husband of his obligation to pay half of the child’s medical expenses.
In re Marriage of Rash, No. 5-09-0088, 5th Dist.
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