PinkRose
Platinum
Reged: 07/09/07
Posts: 1754
Loc: Not sure!!!
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after 8 years of being divorced - what do I do to
get it modified? I live in a different county than
the county that the divorce was finalized (same state).
Do I need to consult a lawyer or what??? The child support
was based on 50/50 visitation and it is more like
75/25 (me being the 75 percent) and the ex does not
pay court ordered medical insuranace.
Advice needed please.
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I'm a living sunset... there's light in my bones. You can push me to the edge, but my will is stone!
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Jada
Platinum
Reged: 06/02/07
Posts: 3234
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[quote]after 8 years of being divorced - what do I do to
get it modified? I live in a different county than
the county that the divorce was finalized (same state).
Do I need to consult a lawyer or what??? The child support
was based on 50/50 visitation and it is more like
75/25 (me being the 75 percent) and the ex does not
pay court ordered medical insuranace.
Advice needed please. [/quote]
The first thing that you need to do is file for custody modification to reflect what is actually happening and ask the child support be modified to reflect what parenting time is actually being exercised. Have you documented how much time your ex has excercised?
You can also file contempt of court motion regarding the unpaid medical expenses. You will need the original receipts and proof that you provided him with the cost.
You will have to file in the county that the order originated in. If neither of you live in that county anymore, you can file to have it moved to your county. This should be easy to do since it is in the same state.
I would also ask that it is garnished from his wages.
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theanswerguy
Platinum
Reged: 04/12/07
Posts: 2147
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Sorry Pink , what state again ?
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Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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PinkRose
Platinum
Reged: 07/09/07
Posts: 1754
Loc: Not sure!!!
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[quote]Sorry Pink , what state again ? [/quote]
Alabama.
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I'm a living sunset... there's light in my bones. You can push me to the edge, but my will is stone!
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theanswerguy
Platinum
Reged: 04/12/07
Posts: 2147
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after 8 years of being divorced - what do I do to
get it modified? I live in a different county than
the county that the divorce was finalized (same state).
>>>>>>>>>>> File for modification in the county that originally had jurisdiction , ask in the petition for a change in venue to where you live now , if needed .
Do I need to consult a lawyer or what???
>>>>>>>>>>> You could request assistance from CSE .
was based on 50/50 visitation and it is more like
75/25 (me being the 75 percent) and the ex does not
pay court ordered medical insuranace.
>>>>>>>> In some instances , when CS is calculated the actual amount of visitation utilized ( when not the same is the CO'd amount ) will be used to determine the presumptive amount . Were the costs of insurance premiums deducted from the ordered/agreed amount of CS ?
If, at any time while a child support order providing for an insurance adjustment is in effect, such insurance coverage is
allowed to lapse, is terminated, or otherwise no longer covers the children for whose benefit the order was issued, the
court:
a. may find the amount deducted from the obligor's child support obligation therefore to be an arrearage in the
obligor's total child support obligation;
b. may find the obligor liable for medical expenses that would otherwise have been covered under the insurance;
and/or
c. enter such other order as it shall deem appropriate.
Anything could happen .
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Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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PinkRose
Platinum
Reged: 07/09/07
Posts: 1754
Loc: Not sure!!!
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I am trying to decide if it is worthwhile to get my
child support modified. At the time of divorce, I made
more money than the ex but he has surpassed me. Insurance
deductions were taken from the child support. Like I said
in a previous post the support was based on 50/50 joint
custody. Also, the ex does not pay anything towards
extra activities (school fees, braces, school trips,
sports, etc). I just don't want to waste money. Friends
of mine are paying alot more in child support than I
receive and they have less income. I don't want to rock
the boat but I really think the ex owes me money for
my son. Also, in the original divorce decree, college
was never mentioned.
What do you think I should do?
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I'm a living sunset... there's light in my bones. You can push me to the edge, but my will is stone!
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pueblonative
Platinum
Reged: 03/21/06
Posts: 318
Loc: Colorado
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[quote]I am trying to decide if it is worthwhile to get my
child support modified. At the time of divorce, I made
more money than the ex but he has surpassed me. Insurance
deductions were taken from the child support. Like I said
in a previous post the support was based on 50/50 joint
custody. Also, the ex does not pay anything towards
extra activities (school fees, braces, school trips,
sports, etc). I just don't want to waste money. Friends
of mine are paying alot more in child support than I
receive and they have less income. I don't want to rock
the boat but I really think the ex owes me money for
my son. Also, in the original divorce decree, college
was never mentioned.
What do you think I should do? [/quote]
College is an extra.
Yes you have people who say that you need a college education to get a good job, but getting that doesn't necessarily equal a good job. Also, until married parents are required to pay for college (which they aren't) I really don't think it's fair or even a good idea to force divorce parents to foot that bill.
Have you checked out FAFSA and/or scholarships as of yet? The parents aren't necessarily the only funding for higher education
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NCP revue
Edited by pueblonative (07/06/08 07:46 AM)
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Jada
Platinum
Reged: 06/02/07
Posts: 3234
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[quote]I am trying to decide if it is worthwhile to get my
child support modified. At the time of divorce, I made
more money than the ex but he has surpassed me. Insurance
deductions were taken from the child support. Like I said
in a previous post the support was based on 50/50 joint
custody. Also, the ex does not pay anything towards
extra activities (school fees, braces, school trips,
sports, etc). I just don't want to waste money. Friends
of mine are paying alot more in child support than I
receive and they have less income. I don't want to rock
the boat but I really think the ex owes me money for
my son. Also, in the original divorce decree, college
was never mentioned.
What do you think I should do? [/quote]
What does your state guidelines say about college? That will tell you if it's worth it or not. Personally, I would consult with an actual attorney in your area to see where you stand.
In NJ, child support is through college along with college costs. Especially if it can be shown that the parents were planning on paying for it when they were together.
As for the "extras" like extracurricular activities, if it isn't addressed in the court order, he doesn't have to pay.
Braces would fall under the medical category and should be handled the way the court order handles medical expenses. Which means that if he's not paying his portion per the court order, you have a case for contempt of court.
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theanswerguy
Platinum
Reged: 04/12/07
Posts: 2147
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I am trying to decide if it is worthwhile to get my
child support modified. At the time of divorce, I made
more money than the ex but he has surpassed me.
>>>>>>>>>> Shouldn't matter .
Insurance deductions were taken from the child support.
>>>>>>>>> That would result in arrearages for him based on the amount deducted .
Like I saidin a previous post the support was based on 50/50 joint custody. Also, the ex does not pay anything towards extra activities (school fees, braces, school trips,
sports, etc).
>>>>>>>> Awards for additional expenses CAN be ordered .
Also, in the original divorce decree, college
was never mentioned.
>>>>>>>>>> That can be modified up to the child is 18 .
What do you think I should do?
>>>>>>>>> File .
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Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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