When two people aren’t married to each other, their expenses are not a mutual responsibility. When they have a baby together, the expenses of the child become a mutual responsibility. This includes any expenses that occur during and after the birth of the child. The party who incurred the expenses for the child’s birth (almost always the mother) may bring an action in court against the father for contribution to those expense. “In an action brought within 2 years after a child’s birth, the judgment or order may direct either parent to pay the reasonable expenses incurred by either parent or the Department of Healthcare and Family Services related to the mother’s pregnancy and the delivery of the child.” 750 ILCS 46/802(b) The party requesting reimbursement must prove the expenses of the childbirth in order to receive any contribution towards those expenses. Childerson v. Hess, 198 Ill. App. 3d 395, 399 (1990) Unlike most evidence of expenses, expenses of the birth of a child do not require anyone from the hospital to be present in order to authenticate that evidence. “Certified copies of the bills for costs incurred for pregnancy and childbirth shall be admitted into evidence at judicial or administrative proceedings without foundation testimony or other proof of authenticity or accuracy.” 750 ILCS 46/614(c) You don’t even need to show that you paid the bill. “When evidence is admitted, through testimony or otherwise, that a medical bill was for treatment rendered and that the bill has been paid, the bill is prima facie reasonable” Arthur v. Catour, 833 NE 2d 847 – Ill: Supreme Court 2005 Only medical expenses associated with the birth can be reimbursed under the Illinois statute. Other expenses, even if reasonable, associated with the birth cannot be reimbursed. “We construe…the Parentage Act as not authorizing a recovery of the mother’s lost wages as an expense related to the mother’s pregnancy and the delivery of the child.” Stockton v. Oldenburg, 713 NE 2d 259 – Ill: Appellate Court, 4th Dist. 1999 If this baby is freshly born and you are already fighting over the child’s expenses, you have a difficult 18+ years ahead of you. Contact my Illinois family law firm for a free consultation with an experienced Illinois divorce attorney. Russell Knight is a family law attorney with almost 20 years of experience allocating expenses and parenting time between married and unmarried parents in Illinois. Statutes Cases […]
