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Medical debts and child support

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babycakes1223

Junior Member
What is the name of your state (only U.S. law)? IL

I had a court hearing based upon my motion to ask the Non-Custodial Parent to pay for the child's past medical debts. I was underage (16) when the child was conceived and the Non-Custodial Parent was of age (21). I could not pursuit my case in the past because my parents would not allow me to do so, being underage. Finally I started my case (4 years after the child was born). When I presented my motion, the Non-Custodial Parent's lawyer presented A motion to dismiss due to no comply with local court rules (735 ILCS 5/2-615). The judge granted my motion and ordered the Non-Custodial Parent to pay 20% of the medical debt. I am trying to pay off my credit to buy a house and 20% is not much from the 6,000 owed and under consideration that I should have not been charged seeing that I was a minor at the time. The judge said only 20% because child support is already being paid (asof 2/17/11) and I explained that the Non-Custodial Parent did not comply by submitting an 11:02 financial affidavit and his pay was from his "estimated" income. The judge did not seem to care and the case was closed. I do not feel the judgment given was fair and the Non-Custodial Parent still did not file the financial affidavit or provide paystubs. The Non-Custodial Parent is still paying support from the estimated income. Is there anything i can do?? :confused:
 


Antigone*

Senior Member
What is the name of your state (only U.S. law)? IL

I had a court hearing based upon my motion to ask the Non-Custodial Parent to pay for the child's past medical debts. I was underage (16) when the child was conceived and the Non-Custodial Parent was of age (21). I could not pursuit my case in the past because my parents would not allow me to do so, being underage. Finally I started my case (4 years after the child was born). When I presented my motion, the Non-Custodial Parent's lawyer presented A motion to dismiss due to no comply with local court rules (735 ILCS 5/2-615). The judge granted my motion and ordered the Non-Custodial Parent to pay 20% of the medical debt. I am trying to pay off my credit to buy a house and 20% is not much from the 6,000 owed and under consideration that I should have not been charged seeing that I was a minor at the time. The judge said only 20% because child support is already being paid (asof 2/17/11) and I explained that the Non-Custodial Parent did not comply by submitting an 11:02 financial affidavit and his pay was from his "estimated" income. The judge did not seem to care and the case was closed. I do not feel the judgment given was fair and the Non-Custodial Parent still did not file the financial affidavit or provide paystubs. The Non-Custodial Parent is still paying support from the estimated income. Is there anything i can do?? :confused:
Don't have more kids until you can afford it.
 

babycakes1223

Junior Member
Lets see, I was 16 when the child was conceived and the NCP was 21.. What dose that tell you? huummm.. think about it. I was UNDERAGED! The NCP said that he would be there for me but left within 5 months into the pregnancy. do you think that I purposely planed my kid to be born with defects? "Don't have more kids until you can afford it." I already learned my lesson, too bad the NCP didnt. And that is the best advice that you can give.
 
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mistoffolees

Senior Member
Lets see, I was 16 when the child was conceived and the NCP was 21.. What dose that tell you? huummm.. think about it. I was UNDERAGED! The NCP said that he would be there for me but left within 5 months into the pregnancy. Haha funny:D: "Don't have more kids until you can afford it." I already learned my lesson. And that is the best advice that you can give. The only one here causing drama is you.
Was Dad charged with a crime? Age of consent in IL is 17. The father was guilty of a crime (I haven't looked up exactly which crime he could be charged with).

I'm not sure about this, but I don't believe that technically a 16 year old could legally incur a debt obligation. I'm guessing that it's actually your parents who owe the money, but that would depend on the paperwork you (and/or your parents) signed.
 

Antigone*

Senior Member
Lets see, I was 16 when the child was conceived and the NCP was 21.. What dose that tell you? huummm.. think about it. I was UNDERAGED! The NCP said that he would be there for me but left within 5 months into the pregnancy. do you think that I purposely planed my kid to be born with defects? "Don't have more kids until you can afford it." I already learned my lesson, too bad the NCP didnt. And that is the best advice that you can give.
It is hilarious that you are playing the I-was-underage card now. You weren't saying that when you were in bed with the guy, right.

You cannot complain now that you are a mother and have a child that the results of court were not fair. So what they weren't fair, life is not fair. It is what it is.
 

babycakes1223

Junior Member
Was Dad charged with a crime? Age of consent in IL is 17. The father was guilty of a crime (I haven't looked up exactly which crime he could be charged with).

I'm not sure about this, but I don't believe that technically a 16 year old could legally incur a debt obligation. I'm guessing that it's actually your parents who owe the money, but that would depend on the paperwork you (and/or your parents) signed.
We already went to court years ago for me being 15 and him being 20. He got a 'slap on the wrist'. Just charged with battery even tho he was on probation too at the time. He dose have a good lawyer, that is for sure! But i dont think that there is anyhting I can do about that. Its was almost 7 years ago. I wished I would have waited to take him to court for that until I understood more about what was going on. I didnt have anyone but the states attorney to repersent me and they did a verry poor job of that. My parents didnt sign any paperwork and if they did wouldnt the bill go to them and not to me? I did have insurance by my mother only covering me, but not the child.
 

babycakes1223

Junior Member
It is hilarious that you are playing the I-was-underage card now. You weren't saying that when you were in bed with the guy, right.

You cannot complain now that you are a mother and have a child that the results of court were not fair. So what they weren't fair, life is not fair. It is what it is.
Im not playing the "underage card". There is a law for a reson. and I believe it is a dam good reasion being that I am around age that the NCP is and I know for dam sure that I would never sleep with a child (15 years old) nor would I even hang out with one. My father was right, all guys want to do is get down your pants. Yah court was not fair but im hear geting 'advice' so I can make it fair. Why should I have to pay 80% of the medical debts when he only has to pay 20%. It is half his child too. Not to mention that he has never seen his child in his lifetime. Tryed to get him to, not my falt he is not interested in his first kid.
 

Silverplum

Senior Member
How long ago was the order given by the Judge?


Im not playing the "underage card". There is a law for a reson. and I believe it is a dam good reasion being that I am around age that the NCP is and I know for dam sure that I would never sleep with a child (15 years old) nor would I even hang out with one. My father was right, all guys want to do is get down your pants. Yah court was not fair but im hear geting 'advice' so I can make it fair. Why should I have to pay 80% of the medical debts when he only has to pay 20%. It is half his child too. Not to mention that he has never seen his child in his lifetime. Tryed to get him to, not my falt he is not interested in his first kid.
 

schroedingercat

Junior Member
It is hilarious that you are playing the I-was-underage card now. You weren't saying that when you were in bed with the guy, right.

You cannot complain now that you are a mother and have a child that the results of court were not fair. So what they weren't fair, life is not fair. It is what it is.
you are assuming it was consensual..
 

Antigone*

Senior Member
Im not playing the "underage card". There is a law for a reson. and I believe it is a dam good reasion being that I am around age that the NCP is and I know for dam sure that I would never sleep with a child (15 years old) nor would I even hang out with one. My father was right, all guys want to do is get down your pants. Yah court was not fair but im hear geting 'advice' so I can make it fair. Why should I have to pay 80% of the medical debts when he only has to pay 20%. It is half his child too. Not to mention that he has never seen his child in his lifetime. Tryed to get him to, not my falt he is not interested in his first kid.
Be ready to pay 100% of what your child needs. Consider anything you get from this man whether it is court ordered or not a gift. This man does not have to exercise any visitation with the child either, so get that out of your head as well. Do what you can with the resources given to you by the court, but I know far too many custodial parents who have court orders who never ever collect a dime of what is ordered.

You are not going to get advice that will ever make things fair for you. Fair might have been if you had a child after you got married with a man who is commited to you and to his child ~ that is not what you have in this case so forget about it. When it comes to raising this child, nothing is ever going to be fair unless you give this child up for adoption. Then and only then, will it be fair between you and the man you decided to sleep with.
 

Silverplum

Senior Member
2 weeks ago. I know that I have limit time to appeal my case but do i even have a case?
Your Judge didn't think you had a case.

All I can advise you to do is take your proofs and calculations to a local attorney, buy an hour or two of his/her time, and find out how you can handle this. I think you have 30 days to file an appeal.
 

schroedingercat

Junior Member
Even if it wasn't it does not matter. She has a child. She chose to keep this child.
just saying, youre acting like she is not intelligent because she shacked up with a man as a kid and kept the baby. thats an awful lot of assumptions to make a judgement on.

and not everyone wants to air all their dirty laundry - being a rape victim wouldnt make a difference as to the facts of this particular legal issue she is asking for advice on, so i dont know why she would advertise it in order to get an answer, ya know?

it does suck, pretty much every situation on here sucks for the original posters, but the exact amount of suckiness on this here question is not a quantified amount. :)
 

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