Asked 4 months ago - Roselle, IL
FlagMy ex is telling me that I have to pay for my child drivers Ed. And then said that I have to pay for her car insurance, when she starts driving. I want to tell my Ex it's covered under child support. Am I right , or is this something we have to go to court for.
generally child supt. covers food, clothing, housing, at the house of other parent. it is clearly not enough to cover all expenses.
the statute was amended in 2012 to say that in addition the supt. the paying parent can be ordered to contribute to school expenses, medical expenses, activities. usually these are divided equally or in ratio of income.
if she wants more money from you, let her file the petition. also, under 5/510 she only gets the money from the date of notice of the petition, not for expenses previously incurred.
The other attorneys are correct on the law--but that law is extremely vague and any lawyer worth his/her salt will argue opposite positions. You should be more concerned about the law’s application and less concerned with its vague content.
I suggest you do a cost/benefit analysis. In the end, just about anything can qualify as child support, if the case is advocated skillfully. But do you want to “shell out” legal fees to save yourself an "insurance expense." I assure you will not show up once and win on that day.
I presume the insurance would not be extreme. See if you can cut a deal with her. You won't find a case/statute you could pass the judge and be proclaimed the winner. Even if the case is done by yourself [pro se], the hassle of going to multiple court appearances is not worth it--time benefit of money.
Finally, what guarantees do you have that this is the only basis your ex will state as the basis for an increase? For example, a Judge has discretion to increase support based purely on the increased age of the child. Does that sound appetizing?
And if you want to know what's covered under child support, I suggest you review the standard asset disclosure statement you filled out during the divorce--see what categories of child-related expenses are listed. You can't get more practical than that—transportation is specifically listed under “minor and/or dependent children.” It is “subcategory” of “educational expenses.” Any guarantee that your wife will not state that the car expenses are in the context of educational expenses...like driving to school/activity/etc.
Anyhow, let me know if you have any further questions. Thanks and good luck.
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