Chicago, IL asked in Divorce and Family Law for Illinois

Q: How do I calculate my financial responsible for 1/2 of minor child's medical expenses?

Facts:

• My child is 17 and lives in Illinois

• My ex’s insurance plan covers our minor child, plus my ex and our adult child

• Per my marital settlement agreement, I am responsible for paying ½ of my child’s medical expenses based on an insurance deductible of $3,000.

• I know my ex had surgery and incurred major medical expenses, which far exceeds the total of our minor child’s expenses.

• My ex wants me to pay half of the annual deductible.

My questions:

1. Do I have the right to pay a percentage or even none of 1/2 the annual deductible if my ex’s medical expenses exceeded $3,000?

2. Do I have the right to assume the deductible is for 3 people and therefore my financial responsibility is ½ of 1/3 of the deductible?

Related Topics:
1 Lawyer Answer
J. Richard Kulerski
J. Richard Kulerski
Answered
  • Oak Brook Terrace, IL
  • Licensed in Illinois

A: I don't believe there is a clear answer to your very interesting questions. I am unaware of any case law covering this issue. The answer could lie in the exact wording in your judgment. If that doesn't help, then logic might apply. In any event, it will be up to the judge, and he/she should be as puzzled as I am.

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