In Re Marriage of Rash and King
941 N.E.2d 989
Ill. App. Ct.2010Background
- Kara Rash and Jason King married in 1993, have one child Baylee born in 1996, and dissolved their marriage in 1999 with a marital settlement agreement allocating parenting and medical expense obligations.
- Respondent King agreed to $185.70 monthly child support and to split medical, optical, dental, and extraordinary expenses not covered by insurance; an agreed order in 2001 raised child support to $100 biweekly.
- A 2004 motor-vehicle accident left King permanently disabled; his father Larry King was appointed guardian of his estate in 2005.
- Respondent and child began receiving Social Security disability benefits in 2007, with a lump-sum for past benefits and ongoing dependent benefits to the child beginning December 2004, including approximately $500 monthly.
- In 2008, intervenor Larry King moved to intervene and petitioned to offset the child’s dependent benefits against King’s medical expenses and to terminate ongoing support obligations due to substantial change in circumstances.
- The circuit court denied the offset of accrued medical expenses against the dependent benefit, found a substantial change in circumstances, and later denied termination of medical support; petitioner pursued contempt for failure to pay shared medical expenses.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| May the dependent benefit offset the father’s medical expense obligation? | Rash argues Henry allows offset because the benefits are earned by the noncustodial parent for supporting dependents. | King contends dependent benefits and medical support serve different purposes and costs are not offsettable. | Dependent benefit cannot offset accrued medical expenses. |
| Did a substantial change in circumstances warrant terminating medical support? | Rash/King claim disability and sole reliance on Social Security indicate substantial change necessitating termination. | No sufficient financial change to terminate medical support; needs of the child persist. | Court denied termination of medical support; substantial change found but not terminating. |
Key Cases Cited
- In re Marriage of Henry, 156 Ill.2d 541 (1993) (dependent benefit earned for support; not a gratuity; distinguishes medical expenses from ordinary support)
- In re Marriage of Raad, 301 Ill.App.3d 683 (1998) (modification considerations under 750 ILCS 5/505(a)(2))
- In re Marriage of Bussey, 108 Ill.2d 286 (1985) (substantial change in circumstances standard for modification of child support)
- Money v. Sheppard, 124 Ill.2d 265 (1988) (policy considerations in parental support responsibilities)
- Franson v. Micelli, 172 Ill.2d 352 (1996) (health insurance provision within child support obligations)
- In re Marriage of Mitteer, 241 Ill.App.3d 217 (1993) (modification considerations in mixed factual settings)