Modification of Child Support

[Mystic]

Long story short: Original CS order was made 8 years ago.  NCP made decent coin, CP made $1 less per hour than NCP did. 

Fast forward to now:  CP is still at the same job, but wages are unknown because of refusal to share income info.  It is assumed that income is much higher (insurance producer).  NCP has had three different jobs since.  Got laid off from a decent-paying job, couldn't find work for over a year, is now for the past 6 months working a minimum wage paying job- but still searching for a better job.  NCP has no education and got lucky to get the previous decent-paying jobs through friends.

NCP has been told over and over again by legal experts to request a modification to child support, but has refused due to belief that a better job will come along and past-due CS will be caught up.  Right now CS is only behind by a few hundred dollars... but NCP hasn't paid portion of medical expenses since the lay off.

Another reason NCP doesn't want to file for a mod is because it won't be a simple mod.  The minute the mod is in motion, NCP knows CP will jump up and file contempt due to nonpayment of medical bills, as well as modification of the parenting plan in general.  NCP is not afraid of any of this, but NCP cannot afford to fight any of this.  If it was a simple mod to CS then no problem, but everything else is going to add up in a lawyer's eyes.

Should also mention that current orders are specific in that certain documentation is to be given to the reimbursing parent before payment is made.  The documentation is to include name of patient, services rendered, amount of original charge and amount that remains due, address and name of provider, account# for payment purposes, and whether charges were submitted to insurance and the response.  The parent incurring the charges has 45 days after having received this documentation to give it to the other parent, or the other parent has no obligation to pay.

The orders were modified 4 years ago to include the above verbiage.  Prior to that CP was not informing NCP of Dr. appointments, bills, ect.  A contempt motion was filed by NCP (having nothing to do with any of this), and the only leg CP had to stand on was this, so of course CP said NCP wasn't paying their portion of medical expenses.  At the time of the contempt hearing, CP gave NCP all online information to look up explanation of benefits online, as well as view status of claims, ect.  Since then, the insurance coverage changed and NCP no longer has the option to look this information up online and is now solely relying on CP to share it.  However, CP now says there is no need to share EOB's because the court order does not specifically state that is necessary- while NCP maintains that all required documentation is in ONE document, the EOB.  CP still refuses.

Sorry for probably too much info.  The child support orders do need to be modified, but NCP doesn't know how to adequately plan for it with very little income.  The state follows a joint income model.

One last thing, NCP lives 500 miles away from where CP and the court house is, so it's not a hop skip and jump to court if need be.  This all has to be extensively planned.

[MixedBag]

ok, there are several "separate" issues here...

IMHO, if NCP is behind in CS due to a change in employment -- it's a personal decision as to how fast to run back to court and ask for an adjustment in CS as a result.  Courts are gonna go either way with that subject.

Being behind in CS is not a GOOD thing, but if it's only a few $$$ then it's not a deal breaker either GIVEN the job loss circumstances.  I think humility and acknowledging YES I'm behind, working to get caught up etc.....NCP is NOT going to land in jail.

Medical.....That's a SEPARATE problem from the CS really.  IMHO -- some of that information can be gathered from the doctor's office directly and you go around the CP.  If they have joint custody, then maybe the offices will share the details that the NCP is looking for.    I think this subject can go against the CP if they are not truly sharing all the requested information as described.