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Which State To Modify Child Support

by Mary
(Boone County, IL)

My daughter was born out of wedlock in February of 2006 in Madison, WI. Her father and I were never married. He has seen her exactly twice, both times before the age of 1. She lives with me full time. I am a full-time student and work 2-3 nights/week as a waitress in Rockford, IL. We live in a duplex in Belvidere, IL. The father has been paying me $725/month in child support and carries her health insurance.

I carried the health insurance for the first year and a half. We are arguing over a $200 medical bill that is not being payed by the insurance due to an unsatisfied deductible. My contention is that I am not responsible for the deductible. and am making a little more than half what I used to when the order was complied. We went to a mediator and agreed on $725/month.

At the time, I was making around $30,000/year. The father was supposed to bring his W2 from the previous year, but brought one month's worth of checkstubs instead. He in an on-premise wine salesperson and earns 4 quarterly and 1 yearly bonuses in addition to his salary. He owns his own home. When my daughter was 1 1/2, we moved to Illinois. I did not seek to change the order for the sake of ease. It is automatically deposited into an account in WI where I have a car loan and I do not currently have a bank account in IL.

The support order states that we each pay 50% of anything medical that is not covered by insurance. I have never asked him to do this. There is no dental and I have paid over $800 out of my own pocket. I have paid all co-pays and medicine. Am I still able to recover half of these expenses? And if so, how? They span the last 3 years, as my daughter is now 4 1/2 years old. The support order also stated that I would be seeking Daycare and was unsure of the expense at that time. I never requested help from the father for this expense.

Am I entitled to reimbursement? If I decide to have the support order revisited, would I go through Wisconsin or Illinois? Do I have a choice which state to go through? If so, what is the better option for us? I cannot afford a lawyer.




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Which State To Modify Child Support

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Child Support Questions
by: Child Support Staff

Hi Mary,

Thanks for your questions. Yes you are entitled to be reimbursed for the medical expenses. If you cannot afford an attorney then you can take him to small claims court on this issue.

You really should consider opening the case in Illinois where you live now. As you can read from other visitors on our site when you get multiple states involved it can get really messy. Not to mention a child support case should be opened in the state where the child resides.


Thanks
CSA STAFF

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