Legal Question in Family Law in Illinois

Re: medica child support

You are referring to what is commonly known as the 6% rule. When the support guidelines were calculated, the commentary indicated that it was assumed that 6% of a family budget went toward medical, dental and optical expenses of the children. Hence, the Court, in intrepreting the guidelines, requires that 6% of the weekly support on an annualized basis be expended by the custodial parent before the non-custodial parent is required to contribute to uninsured medical, dental and optical expenses. The cost of health insurance does not figure into this equation. However, it is not 6% of the amount you receive (or pay), it is 6% of the support as calculated on Line 4 of the worksheet (this is the gross support for the child before day care expenses are added back and before any other expense or credit). For example if Line 4 were $100, then the 6% per year to be spent would be $6 X 52 or $312. This creates an accounting nightmare for the parents which neither the creators of the guideline nor the courts contemplated. When both parents do not get the same EOB (Explanation of Benefit forms from the insurance company) and do not get the same billing statements from the medical care providers, the dentist and the optician, then one party (already suspicious of the other) must rely on on the other (who sees no reason to be disbelieved) to provide the information. However, to determine the amount the custodial parent must expend annually, you must refer to the guideline sheet submitted to the Court, take 6% of Line 4 and multiply the result by 52 to figure the amount the custodial parent pays before looking to the other parent for sharing of additional expenses.