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#1
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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
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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
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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
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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
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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
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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
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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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