Illinois Courts Consider Childs' Needs Outside of Child Support

 Posted on October 22, 2013 in Family Law

"As the mother of two children going through a divorce in Illinois, can I ask the court to order their father child to pay the children's extracurricular activities such as sports and lessons or this all included in child support?"

Good news here. Since January, Illinois law has changed. Although it is still up to the judge in your case as to how much is paid the new law requires that divorce judges consider your request for the children's' expenses outside of child support.

The new provision of the law 750 ILCS 5/2- 505(a)(2.5) effective January 1, 2013, reads:

(2.5) The court, in its discretion, in addition to setting child support pursuant to the guidelines and factors, may order either or both parents owing a duty of support to a child of the marriage to contribute to the following expenses, if determined by the court to be reasonable:

1. health needs not covered by insurance;
2. child care;
3. education; and
4. extracurricular activities.

This means that in addition to child support you can request such things as:

• Child care including preschool costs and before and after school care, summer vacation expenses
• Public school expenses such as books and school registration, school trips
• School expenses for tutors or to help your children if they are gifted children or simply behind in school and need to catch up
• Health costs not covered by health insurance that I pay out of my pocket
• Extracurricular activities such as sports, lessons and clubs for your kids

While divorce judges have in the past have granted such items they are now directed to consider them in every case specifically. In my opinion this will make it more likely for Judges to routinely grant more of these items than in the past.

If you are in need of a Hinsdale child support lawyer, contact the Law Office of Martoccio & Martoccio at 630-920-8855.