Medical Support question..

[gabes_mom]

State is North Carolina

Childrens ages SD 7 & SS 5 (if it matters)

There is a current child support order in place.

My question, we received a letter in the mail from the child support enforcement agency friday the 6th of October.  The letter is requesting the Bio Father (my husband) to meet with them to discuss medical support.  Now we used to have it included in our first set of calculations for support.  June of this year we went back for a decrease and were granted a 200$ decrease b/c my husband lost his job and then didn't make nearly as much money as before.  With the reduction we thought that the medical would have been included in the new calculations.  I guess they weren't since we received this letter asking for medical support.  So here we sit waiting on a call back from the case worker at the CSEA for this appt.  

The court order states that the BM's new husband would be putting the kids on his insurance at his job (this court order is 2 yrs old).  The new husband lost his job and I guess doesn't have insurance on the kids anymore.  Would the courts still enforce a court order even if the circumstances have changed?  

Another problem is DH recently started a new job, he makes much more money than he did at the job where he was working when he requested the decrease.  We are nervous they will ask about his new income because we fear an increase.  We are barely scrapeing by with the bills we have.  My DH won't even be eligible until November 25th for benefits.  What can we expect to happen now since he isn't eligible?  And what can we expect to happen once he becomes eligible?

[becky]

You will need to pull out the paperwork from the June decrease to determine whether medical insurance was included in the new calculations. There is a separate line item if medical support was included.  My guess is that since the new husband can no longer insure the children, BM has requested to have CS re-evaluated so that insurance will be figured into CS.  The courts cannot make her husband insure the children at all.  See this link regarding CS and health/dental insurance.  It's easy to understand.

https://nddhacts01.dhhs.state.nc.us/home.jsp?TargetScreen=WorkSheet.jsp

If your DH has obtained a new job and is eligible for benefits, here is what can happen from the CS guidelines.

"The court may order either parent to obtain and maintain health (medical or medical and dental) insurance coverage for a child if it is actually and currently available to the parent at a reasonable cost. Health insurance is considered reasonable in cost if it is employment related or other group health insurance, regardless of delivery mechanism. If health insurance is not actually and currently available to a parent at a reasonable cost at the time the court orders child support, the court may enter an order requiring the parent to obtain and maintain health insurance for a child if and when the parent has access to reasonably-priced health insurance for the child."

It's quite possible that your CS will increase if pay stubs have to be presented at this upcoming appt.  Read the above guidelines.  

[gabes_mom]

Thank you for that info and website.

I have one last question... She is intentionally working part time hours and can't provide insurance on the kids because of that, is there any way we can make it that she has to work full time and at least pull her 50% responsibility to the children?

If that question needs better clarification pls let me know.  

[becky]

No one (including the courts) can force BM to work.  However, if she has the ability to work FT and isn't, her income may be imputed.  From the same webpage I posted in the previous thread.....

"Potential or Imputed Income. If the court finds that the parent's voluntary unemployment or underemployment is the result of a parent's bad faith or deliberate suppression of income to avoid or minimize his or her child support obligation, child support may be calculated based on the parent's potential, rather than actual, income. Potential income may not be imputed to a parent who is physically or mentally incapacitated or is caring for a child who is under the age of three years and for whom child support is being determined.

The amount of potential income imputed to a parent must be based on the parent's employment potential and probable earnings level based on the parent's recent work history, occupational qualifications and prevailing job opportunities and earning levels in the community. If the parent has no recent work history or vocational training, potential income should not be less than the minimum hourly wage for a 40-hour work week."

Also, it's not guaranteed that either parent will pull their 50% responsibility.  In NC, it's all based on the respective incomes of the parents.  My DH pays almost 80% of the total support obligation for his children, whereas my ex only pays 40% of the total support obligation for our DD.  Both parents would need to make roughly the same amount of money in order for each parent to pull their 50%.  Hope this helps.  

[gabes_mom]

Okay so 50% of the responsibility is pretty much out of the question.

I have a question about this quote...
" Potential income may not be imputed to a parent who is physically or mentally incapacitated or is caring for a child who is under the age of three years and for whom child support is being determined."

The BM is currently pregnant (with the kids step father's baby not dh's) and will probably be staying home with this baby.  But if I'm reading this statement correctly we should still be able to have her income inputed because the baby she is having doesn't have anything to do with the child support to be determined.  Right?  The ages of the children dh has to pay child support for is 7 & 5.  


Please be patient with me I tend to get confused easily in regards to all this.  I want to make sure I completely understand it so I don't sound like a complete rearend when I quote our states law.  

[becky]

though I could very well be wrong.  Neither my DH nor I have been in that situation.  I do know that without valid proof (like previous tax statements, W-2s, proof of work potential due to degree, etc), the judge will NOT impute over minimum wage.  Minimum wage will rise to $6.15 an hour in NC after 1/1/07, though to be honest, minimum wage really does nothing to CS when the NCP makes more than 3X as much as the CP.  If your DH will be paying more than 70% of the total obligation on the CS forms, it could be worth your money to deviate from the guidelines and ask the judge to award your DH at least one tax exemption (I would ask for both to start out) since the CP will not be working.  Your CS may be somewhat higher, but it may be worth it during tax season.  Just do the worksheets and you can determine it for yourself.

Good luck!

[gabes_mom]

THank you so much for that advice!  I never thought about asking for the tax exemption of the kids, but it makes sense if she isn't working that he should be allowed to do this. (of course the judge can deny us this request but it's worth asking!)

THanks again!

[gabes_mom]

Becky thanks for your help and all the info you gave me.  Yesterday afternoon we went to the appt at the CSEA and were told we don't have to provide health insurance for the kids.  So we are pleased.  We also set up a voluntary agreement to pay an addt'l amount of money to go towards the arrearages dh had accumulated when he lost his job a few months back.  thanks again for all your help!