Question: Is a parent liable to help pay for things above and beyond child support such as a car at age 16 or extra curricular activities?
Answer: Illinois defines child support guidelines as "minimal guidelines." A Judge has the discretion to deviate either upward or downward from child support guidelines. Most of the time a judge will order extra payments for:
1) After school/Preschool and Daycare
2) Health Insurance and ½ of uncovered medical expenses
Illinois Supreme Court rules require both parents to file Affidavits of Income and expenses in divorce and parentage cases. A judge has the discretion to divide expenses like parochial school tuition or extra curricular expenses based upon the resources of the parties.
However, the statutory language is only the legal obligation to support our children. There is also the moral obligation. Some people cannot afford private school or cars for their children.
Children really want time with their parents – quality time. Yes, they need both clothing and shelter, but numerous studies have shown that kids who have both parents active in their lives grow up happier and healthier. Sometimes simply asking for extra financial help is effective – although sometimes asking may seem ridiculous. Illinois statute and case law use the term "best interest of the child(ren)"- isn't that what all parents want for their kids?
Non-custodial parents who are active in their children's lives are also more likely to be current in their child support. Numerous psychological studies show that both parents are needed by their children. Children develop mental images of themselves based upon their lives – including how their parents act.
The simple answer is that we as caring parents should provide the "extras" for our children. Some parents don't have the financial resources to provide everything that our kids might want (and in reality sometimes the best lesson we can teach our children is that everything in life is not free). Talk to your ex first. If that is unsuccessful, consult an experienced caring family law professional.
Submitted by Kevin Linder with Linder Law Offices. For more information on his practice, visit our Mom's Choice Directory.
