Illinois Family Expense Statute | When is a Family Member Liable For Debts of Spouses and Children?

Article written by Illinois Attorney Kevin O’Flaherty

In this article we explain the Illinois Family Expense statute and answer the question, “when is a family member liable for debts of spouses and children?” We answer the questions, “are family members liable for spouses’ and children’s medical expenses?”, “can a child recover a parent’s medical expenses as damages in Illinois?”, “when can a parent recover a child’s medical expenses as damages in Illinois?” and “what qualifies as a family expense for which spouses and children are liable?”

Are Family Members Liable for Spouses’ and Children’s Medical Expenses?

The Illinois Family Expense Statute (750 ILCS 65/15, 1994) makes a person liable for expenses of his or family. “Family” is limited to a spouse and dependent children, so individuals are not legally obligated to pay for their parents’ or their spouse’s parents’ unpaid expenses. These expenses include medical, hospital, and funeral expenses incurred by both minors and other family members under a legal disability. Through the Illinois Family Expense Act, children are not liable for their parent’s medical expenses (unless they promised to pay the debt as a co-signer). For more information regarding the personal liability of a deceased parent’s debt, see Are Children Personally Liable for a Deceased Parent’s Debt in Illinois?