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  1. #1
    Join Date
    Mar 2018
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    1

    Default Custodial Parent is Charging Rent and Not Paying Medical Bills

    My question involves a child custody case from the State of: Illinois

    Facts
    19 yr old twins,one still at home and going to school, one left the house more than a year ago.
    Custodial parent charging rent to the one still at home, won't pay the others medical bills.
    Also Custodial Parent had children in daycare until theit 18th birthday
    (Children were not in day care for 6 plus years @50 a week)
    Custodial parent still collecting support
    Other siblings moved out after their 18th birthday aND Custodial parent never notified me or the court.I found out ....

    I call it fraud, then again this is Illinois

    Recourse?

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    97,968

    Default Re: Custodial Parent is Charging Rent and Not Paying Medical Bills

    Parents can charge rent to their children, and doing so can be an incentive for an adult child to move out.

    You have not shared with us what the custody order says about payment of medical bills or how they are to be divided between you and your ex-. If you are paying the medical bills and covering your ex-'s share, you can bring a motion to seek reimbursement for the portion that your ex- was required to pay under the custody order.

    I somehow doubt that you were paying daycare expenses when the children were in high school. If you did not petition to modify a daycare provision when the children stopped using daycare, such that the support order continues to require a daycare payment, you should petition to modify the order and eliminate that payment. If you did so when the kids reached the age of 18, any issue with prior payments for daycare should have been addressed at that time.

    If one of the children is now living independently and is self-supporting, and you have not already done so, you can consider bringing a motion to terminate your obligation to pay support for that child. Ideally you will maintain a sufficient relationship with your children such that you know where they're living. If the court order requires mom to inform you of such a change in the child's living arrangement and did not do so, the child has been self-supporting since moving out, and the issue of support for that child has not yet been addressed by the court, you can try to use that provision to convince a court to allow a retroactive modification dating back to when the child moved out.

  3. #3
    Join Date
    Sep 2017
    Posts
    163

    Default Re: Custodial Parent is Charging Rent and Not Paying Medical Bills

    Quote Quoting ckamick
    View Post
    Also Custodial Parent had children in daycare until their 18th birthday
    I'm questioning a legitimate daycare center allowing anyone over the age of 12 to attend.

  4. #4
    Join Date
    Oct 2016
    Posts
    1,399

    Default Re: Custodial Parent is Charging Rent and Not Paying Medical Bills

    Possible but the OP wrote, "Also Custodial Parent had children in daycare until theit 18th birthday."

  5. #5
    Join Date
    Jun 2010
    Posts
    527

    Default Re: Custodial Parent is Charging Rent and Not Paying Medical Bills

    Doesn't child support in IL end at 18?

    What does the order state in terms of an end date for support?

    ETA: regarding the child(ren) in daycare until 18 - is there a disability involved?

  6. #6
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    Sep 2005
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    Default Re: Custodial Parent is Charging Rent and Not Paying Medical Bills

    I suspect that the provision was put in place when the children were young with no provision for automatic termination, and nobody moved to modify the support order until one or both of the children reached the age of 18.

  7. #7
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    23,128

    Default Re: Custodial Parent is Charging Rent and Not Paying Medical Bills

    For some reason I am reminded of a thread a few years back, where a mother was horribly offended by the suggestion that it was really not unreasonable of Dad to object to paying child support for a 23 year old who was taking a Master's program in architecture. The question was asked, at what point would you think it reasonable for an adult child to begin supporting him or herself? I don't recall what state that thread was from, but I'm seeing a parallel here. If this is the NCP posting, why didn't you apply for modification already?

    But by the same token, why shouldn't at least the adult child who is living independently be responsible for his own medical bills?

  8. #8
    Join Date
    Feb 2014
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    RTR/WDE
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    1,619

    Default Re: Custodial Parent is Charging Rent and Not Paying Medical Bills

    Quote Quoting PMMH
    View Post
    I'm questioning a legitimate daycare center allowing anyone over the age of 12 to attend.
    Some I know of allow children up to the age of 13 attend after school care. But since you know everything....
    Don't make me quote Monty Python at you.

  9. #9
    Join Date
    Oct 2016
    Posts
    1,399

    Default Re: Custodial Parent is Charging Rent and Not Paying Medical Bills

    After school care and day care aren't generally the same thing. And the OP said until their 18th birthday.

  10. #10
    Join Date
    Jan 2016
    Posts
    249

    Default Re: Custodial Parent is Charging Rent and Not Paying Medical Bills

    OP said "Children were not in day care for 6 plus years @50 a week".

    So I assume he meant that while he was paying for child care at $50 per week (which would be quite the bargain for 2 kids), that the children stopped going at age 12.

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