I am not sure if I found this site soon enough or not but I have to give it a try. My husband is once again back in court with his son's mother. They want to increase his child support by $80 every two weeks. I have no quams about that.
However, in addition to asking for an increase in child support my stepson's mother is also asking for my husband to be liable for all of their son's medical. This is something we just can not afford to do. Currently my husband, myself and our two children are receiving our medical insurance through the state. We also qualify and receive food stamps.
My husband tried to explain this to the judge. He was unsure what to do at the time, so he recessed for thirty days. They went back to court and the judge tells my husband that by his numbers our family should not qualify for state medical (well we do and we have a letter dated Dec 24, 2005 to prove it). The judge went on to say that my husband was going to be responsible for 73% of his sons medical expenses.
When my husband heard that, he informed the judge that he wanted to consult his lawyer. (we do not have a lawyer this time)
At first the judge was not going to stop the proceedings. However after my husband stated that he had been informed that he had the right to stop the proceedings at any time.
The judge then looked at her lawyer and asked if he had any objections. Her lawyer had no problems to a recess, however he made sure to let it be known that if this matter continues to drag on, that they would come after my husband for her lawyer fees as well as everything else.
Heres the thing, we can not afford a lawyer. We are actually still trying to pay off the lawyer from the time we were in court before this. We can't afford to pay him off, let alone get another one for this.
What I need help with is finding out if this judge can actually order my husband to pay his sons medical, when he can't even afford it for the other 4 members of his family. If the federal government (food stamps) and NYS (medical insurance) says we qualify for assistance, how can this judge make this ruling.
Seeing his son lives at his mothers house, we are unable to get him on our state medical insurance. His mother has no medical coverage for him. So even if the judge sticks with the 73%, thats still alot of money and we just do not have it.
Is there anything we can do to prevent this? I almost forgot to mention, he's back in court tomorrow. He has to leave here at 11am. We live in one county, my stepson in the neighboring county. They are originally from the same county as us and that is where all previous court orders are from.
Even though the case is being handled in county b, the order will still be from county a. So another question I have, is if ordered to pay more then we can honestly afford, can we bring it back to county a, where it should have been in the first place?
What are our choices, where do we stand? I am so worried right now, that I can not sleep. Its 3am. I need to be up in 3 hours to get my two kids off to school and I just can not sleep. I can not get my mind off of this case.
Please if you read this in time, your advice would greatly help!!
However, in addition to asking for an increase in child support my stepson's mother is also asking for my husband to be liable for all of their son's medical. This is something we just can not afford to do. Currently my husband, myself and our two children are receiving our medical insurance through the state. We also qualify and receive food stamps.
My husband tried to explain this to the judge. He was unsure what to do at the time, so he recessed for thirty days. They went back to court and the judge tells my husband that by his numbers our family should not qualify for state medical (well we do and we have a letter dated Dec 24, 2005 to prove it). The judge went on to say that my husband was going to be responsible for 73% of his sons medical expenses.
When my husband heard that, he informed the judge that he wanted to consult his lawyer. (we do not have a lawyer this time)
At first the judge was not going to stop the proceedings. However after my husband stated that he had been informed that he had the right to stop the proceedings at any time.
The judge then looked at her lawyer and asked if he had any objections. Her lawyer had no problems to a recess, however he made sure to let it be known that if this matter continues to drag on, that they would come after my husband for her lawyer fees as well as everything else.
Heres the thing, we can not afford a lawyer. We are actually still trying to pay off the lawyer from the time we were in court before this. We can't afford to pay him off, let alone get another one for this.
What I need help with is finding out if this judge can actually order my husband to pay his sons medical, when he can't even afford it for the other 4 members of his family. If the federal government (food stamps) and NYS (medical insurance) says we qualify for assistance, how can this judge make this ruling.
Seeing his son lives at his mothers house, we are unable to get him on our state medical insurance. His mother has no medical coverage for him. So even if the judge sticks with the 73%, thats still alot of money and we just do not have it.
Is there anything we can do to prevent this? I almost forgot to mention, he's back in court tomorrow. He has to leave here at 11am. We live in one county, my stepson in the neighboring county. They are originally from the same county as us and that is where all previous court orders are from.
Even though the case is being handled in county b, the order will still be from county a. So another question I have, is if ordered to pay more then we can honestly afford, can we bring it back to county a, where it should have been in the first place?
What are our choices, where do we stand? I am so worried right now, that I can not sleep. Its 3am. I need to be up in 3 hours to get my two kids off to school and I just can not sleep. I can not get my mind off of this case.
Please if you read this in time, your advice would greatly help!!