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Illinois Child-Support calculations



 
 
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  #1  
Old December 1st 03, 04:50 AM
Mike
external usenet poster
 
Posts: n/a
Default Illinois Child-Support calculations

2 questions;

Does a current spouses(of a CP)income have any bearing on the NCP
child support amount in Illinois?

Can a judge legally force the current spouse of a CP to maintain
health insurance on the step-children when the NCP is obligated to do
so under a Marital Settlement Agreement?
  #2  
Old December 1st 03, 06:11 AM
Gini
external usenet poster
 
Posts: n/a
Default Illinois Child-Support calculations


"Mike" wrote in message
om...
2 questions;

Does a current spouses(of a CP)income have any bearing on the NCP
child support amount in Illinois?

===
In most states, it does not. You will have to check the statutes.
===

Can a judge legally force the current spouse of a CP to maintain
health insurance on the step-children when the NCP is obligated to do
so under a Marital Settlement Agreement?

===
Probably not. Although I do not see the problem here. My husband always
carried my kids (his steps) on his policy at no extra charge. If such a
policy is available,
it would make sense for them to be covered under said policy if it is done
without
additional charge.
OTOH, to "require" such a thing may be beyond the scope of the judge's
authority. The
step-parent, after all, is not a party to the order. I cannot imagine how
the judge could order
him to do anything. It is conceivable that the judge could order the CP to
cover the kids, in which
case, she could put them on her husband's policy. It would have to be a
really nice judge to do
such a thing, though.
===
===


  #3  
Old December 1st 03, 06:11 AM
Gini
external usenet poster
 
Posts: n/a
Default Illinois Child-Support calculations


"Mike" wrote in message
om...
2 questions;

Does a current spouses(of a CP)income have any bearing on the NCP
child support amount in Illinois?

===
In most states, it does not. You will have to check the statutes.
===

Can a judge legally force the current spouse of a CP to maintain
health insurance on the step-children when the NCP is obligated to do
so under a Marital Settlement Agreement?

===
Probably not. Although I do not see the problem here. My husband always
carried my kids (his steps) on his policy at no extra charge. If such a
policy is available,
it would make sense for them to be covered under said policy if it is done
without
additional charge.
OTOH, to "require" such a thing may be beyond the scope of the judge's
authority. The
step-parent, after all, is not a party to the order. I cannot imagine how
the judge could order
him to do anything. It is conceivable that the judge could order the CP to
cover the kids, in which
case, she could put them on her husband's policy. It would have to be a
really nice judge to do
such a thing, though.
===
===


  #4  
Old December 1st 03, 03:02 PM
~August
external usenet poster
 
Posts: n/a
Default Illinois Child-Support calculations

"Mike" wrote in message
om...
2 questions;

Does a current spouses(of a CP)income have any bearing on the NCP
child support amount in Illinois?


My husband pays CS through Illinois and my income is not reflected anywhere
in the calculations. He pays a set percent of his net income.



Can a judge legally force the current spouse of a CP to maintain
health insurance on the step-children when the NCP is obligated to do
so under a Marital Settlement Agreement?


I do not believe the judge can force the current spouse to carry insurance
on the step children because the current spouse is not a part of the
proceedings. Even if it could be argued that the step parent has their own
children covered on a policy and the other children could be covered under
the same policy at no cost.... I don't see how the judge can order the
parent to order their spouse to add the children. And the step parent, not
being any part of the current proceeding, could not be directly ordered by
the judge to add them.

I have my kids insured through my work insurance policy. I can do whatever
i want with my policy. Keep it in force, cancel it.... and it is subject to
the terms of my own divorce agreement. I cannot see any instance in which a
judge in my husband and his ex's case can order ME to cover HIS children on
MY policy.

That's how i see it anyway... but with all the stuff that goes on in some of
the courts... who knows.

~August


  #5  
Old December 1st 03, 03:02 PM
~August
external usenet poster
 
Posts: n/a
Default Illinois Child-Support calculations

"Mike" wrote in message
om...
2 questions;

Does a current spouses(of a CP)income have any bearing on the NCP
child support amount in Illinois?


My husband pays CS through Illinois and my income is not reflected anywhere
in the calculations. He pays a set percent of his net income.



Can a judge legally force the current spouse of a CP to maintain
health insurance on the step-children when the NCP is obligated to do
so under a Marital Settlement Agreement?


I do not believe the judge can force the current spouse to carry insurance
on the step children because the current spouse is not a part of the
proceedings. Even if it could be argued that the step parent has their own
children covered on a policy and the other children could be covered under
the same policy at no cost.... I don't see how the judge can order the
parent to order their spouse to add the children. And the step parent, not
being any part of the current proceeding, could not be directly ordered by
the judge to add them.

I have my kids insured through my work insurance policy. I can do whatever
i want with my policy. Keep it in force, cancel it.... and it is subject to
the terms of my own divorce agreement. I cannot see any instance in which a
judge in my husband and his ex's case can order ME to cover HIS children on
MY policy.

That's how i see it anyway... but with all the stuff that goes on in some of
the courts... who knows.

~August


  #6  
Old December 1st 03, 07:10 PM
Bob Whiteside
external usenet poster
 
Posts: n/a
Default Illinois Child-Support calculations


"Mike" wrote in message
om...
2 questions;

Does a current spouses(of a CP)income have any bearing on the NCP
child support amount in Illinois?

Can a judge legally force the current spouse of a CP to maintain
health insurance on the step-children when the NCP is obligated to do
so under a Marital Settlement Agreement?


I would say the judge could not order a third party, like a new spouse, to
cover the children. However, a judge could order the CP to notify the NCP
of any changes in insurance coverage for life and healthcare on the children
so the parties can designate primary and secondary coverage for benefit
coordination. With two policies there should be little or no uninsured
healthcare expenses after the deductibles are paid.



  #7  
Old December 1st 03, 07:10 PM
Bob Whiteside
external usenet poster
 
Posts: n/a
Default Illinois Child-Support calculations


"Mike" wrote in message
om...
2 questions;

Does a current spouses(of a CP)income have any bearing on the NCP
child support amount in Illinois?

Can a judge legally force the current spouse of a CP to maintain
health insurance on the step-children when the NCP is obligated to do
so under a Marital Settlement Agreement?


I would say the judge could not order a third party, like a new spouse, to
cover the children. However, a judge could order the CP to notify the NCP
of any changes in insurance coverage for life and healthcare on the children
so the parties can designate primary and secondary coverage for benefit
coordination. With two policies there should be little or no uninsured
healthcare expenses after the deductibles are paid.



 




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