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I am not an attorney, but my two sense is this:

Your order says: "Either parent may provide health insurance for the child so
long as it is provided through his or her employer."

This ceverage is not offered through your ex's employer as your ex is not employed. Therefore, in my opinion, you are not obligated to pay half.

While this is my interpretation, morally I don't agree with not paying if it truely cost additional monies to insure your child. But with the insurance I have there was no additional amount to add children beyond the first child. So if I insured 1 child of mine or all 5 children I pay the same.

Good Luck.

Wow... It sounds like the courts there are really messed up, & I thought it was bad here in CA.

If you want Socrateaser to answer your post you need to follow the guidelines found at the top of the board.

Good Luck and Best Wishes.

My ex informed me today that he intends to go from working 40 hours a week to approxamatley 15 hours a week in order to attend school.

As a result of him going to school he will receive additional money from the VA to go to school.

He claims this will begin next month, and we are set to go to court on Friday to determine child support for the last 18 months and a figure for future support.

It seems to me that he should be held to his 40 hour a week earnings plus the additional amounts he receives from the VA. I'm sure he will argue that he cannot go to school and work full time, however I did just that (worked full time and went to school full time) as I had to support my children.

He is arguing that he should have to include the money from the VA and only the 15 hours from work.

He would get the same amount of VA benefit regardless of the number of hours worked.

We are in CA
1.  Is my thinking backed by any case law, or can he substitute one income sorce for another?

2. Do you have any suggestions as to what arguments I should make to support my side?

Thank you for your time.

Just a thought..... you said the following was ordered:

3. The Defendant shall hav no unsupervised visitation or contact between himself of the minor child, except at the Family Nuturing Center and the above mentioned telephone contact.

Then stated your Fiance did this:

>Fiance visited child at school during her lunch period and
>the mother had asked the school not to allow him contact with
>child.  The principal tried to deny him acess to the child.
>He explained he wasn't there to cause trouble, just wanted to

While I am not an attorney it sounds to me that your Fiance needs to be really carefull here. It seems to me that he violated the court order by visiting her at school.

It seems that complying with the order (I know it is dificult) to the T would show the Judge that you can follow court orders and would be to your advantage in the future when you can request a modification.

 

Soc-

My two minor children's step-parent insists on signing legal documents for the children. For example school permision slips giving both permision to attend trips, (during my custody time) and permision for medical treatment of the children, and she most recently signed a document titled "Waiver, Release, and Indemnity Clause" on behalf of my children.  

Parties (ex and I, not step-parents) have joint legal custody and I have sole physical custody.


1. Because she is their step-parent, does this give her legal capacity to sign documents when it requires Parent/Legal Gaurdian signature?

2. If anwser to # 1 is NO, what ramifications if any could come of her signing these documents, to the school, myself or her?


Thanks in advance

My minor children have legal counsel appointed to them by the courts for a custody case before them. Their Attorney has written a declaration for another case, not related to the case which she was appointed, revealing information told to her by the children.  

1) Do my children, because they are minors not have an attorney client privilege?

2) If they do, what should I do to protect that right for them?

Thanks Soc.

We are in CA if that matters.

The IRS uses the number of overnights spent in your home to determine how much the child lives with you. You should keep a calendar and mark all the nights the childs sleeps at your home and keep this as a record in case you ever get audited. Often time even with 50/50 plans, due to vacations etc. the child ends up spending more overnights at one of the parents homes.

While the courts can't order that you get to file head of household, some of them do take into consideration your filing status when determining child support. Like in California they take into consideration the tax status of both parents, if you file HOH then you have more money available for the child thus more child support is paid to the other parent. If you live in one of the states that do this then you might want to look into the effects it has on your support. For instance if your ex has a job that doesn't pay much and she claims the child as HOH then she may qualify for EIC which would give her more money to spend on the child and reduce your support obligation.

Anyway my husband has 50/50 and his order allows for the children to spend any extra days nessesary to be at the parents house that is claiming them that year one day more than the other parents house. However they very rarely have used it because the kids spend more overnights at our home than hers due to vacations and holidays and she has never requested the extra days. He insisted on this because he works for the IRS and if he were to claim the child he wasn't "allowed" to claim according to the IRS rules then he would lose his job.  

My opinion however is that a provision like this is vurtually impossible to enforce unless it is specifically spelled out how and when the extra time required to meet the threshold would take place. Since you often won't know how many nights the child actually spent in your home and how many more you need to meet that threshold until the end of the year when all the holiday time is taking place. I hardly think the courts would agree that the childs shouldn't spend christmas with one parent because the other parent needs a few extra days to qualify to claim them for taxes.

Also I am assuming (I think you said this) that you are trying to get this sorted out for the current tax year of 2007. If you are still married I'm pretty sure you can't claim HOH for 2006 tax year.

Good luck.

I understood your post correctly and it suck to deal with a difficult ex spouse. I have had my fair share of doing so with my ex and my spouses ex. I was trying to focus on a solution and what your options were, not the fact that she was being a trouble maker (for lack of a more appropriate 5 letter word that starts with B).

I glad you got it worked out and I hope your child gets the help they need.
 Good Luck.

You said she made another appointment during school hours with a different doctor. You also said you made an appointment with the doctor after school.

You have a few options here. You could let her take the child during school to the doctor she picked and made the appointment with and go also to make sure the right things are being tested for. You could take the child to your appointment you scheduled, but only if it is during your regular parenting time. You can't take the child during her time without her permission regarless of whether you have joint legal. Your third option is to ask the court to order that you to take the child to the appointment. I think getting the court involved though is such a hassel and would only create further problems in the future.

I live in CA. In CA, which is where Los Angeles is, you don't get credit for payments made in good faith... those payments are considered "gifts". In CA child support is only retroactive to the date that someone actually files for child support and you don't have to start paying until the court actually orders it. Which is why I said if you have money left over AFTER paying for an attorney put it in a savings account until the court orders it and then pay up what you have saved.

Getting good legal representation at this point should be your highest priority because she has already taken your child away from you and threatened you by using your child as the bait. It will only get worse. Get yourself an attorney.