DH insurance question...

[CustodialFather3]

 Hello everyone, I am posting on behalf of my DH. Let me give you some case history..

 We have had primary physical custody of my three skids for the past six years. The BM lives in another state and only sees the children thirty days every summer.

 When BM had custody DH paid CS, insurance and all extras, DH had visitation EVERY fri sat and sun and all school breaks. Since DH has had custody it has been a struggle to get BM to pay CS. However, after being incarcerated last year she has been paying more consistently.

 The BM is remarried, her DH owns the home and all of the cars. Her only bill is CS which is only $400 a month for three children. She has had ten different employers since 2001. She pays no extras when asked  and is not required to pay insurance. DH even pays one half of her visitation transportation costs. DH even reimbursed her a portion of the CS this summer while the skids were visiting her. He has been more than fair.

 Recently DH was faced with a possible lay off from his job in December.
He could not risk losing his job without having another so he took another position for a small company where his insurance coverage for the children has increased 400%. He is asking the BM to voluntarily increase the child support order to cover only one third of the additional insurance costs. He is still taking a huge loss financial even if she agrees to the increase.

 If she rejects his offer what are his chances in court for an increase? She is too unstable to cover them through her employer(s). It has been three years since the original order and two of the children are approaching their teen years. She was also remarried last year. Are these all legitimate changes of circumstances to recalculate the order??The state with jurisdiction is NJ.

[joni]

We pay child support in Michigan.  The Friend of the Court will review child support every two years when requested.  If we have an atty, we can file a motion and review child support whenever we have a substantial change in circumstance, for instance, the CS must decrease by 10% to get that or $25/ week for an increase, otherwise it's disregarded.

Check your state's guidelines.  I'm thinking that with an atty, you can file a motion for whatever you want heard.  Certainly, BM's instability with work and unreliance in that regard along with your DH's change in employment should be compelling enough to not appearance to be a nuisance suit.

[wendl]

I am a custodial mom and my ex has never paid for daycare, medical, and rarely child support.

In most states you can request a modification every two years, but in reality, if this woman had to be put in jail for not paying cs, now you know even if court ordered she will fail to pay any increases even if court ordered. You can try as well as request she pay for 1/2 the transportation costs associated with her visitation.

I would speak to an atty and see what they say.

I know in my case, my son just turned 12 and I could go back to court and have cs increased but in my case it wouldn't do any good as I rarely receive the cs that is ordered, hmmm I think all total this year for 10 months I have received a whopping 299.00.

Anyways good luck, also check into seeing if the kids qualify for state or subsidized medical due to decrease in your dh's pay.

:)
**These are my opinions, they are not legal advice**

[CustodialFather3]

Well fortunately, the system has worked to ensure the welfare of these children. After being arrested the BM suddenly had bail money, and CS money miraculously taken from her paycheck every week. However, she has jumped from job to job but has managed to pretty much pay her fair share to avoid another warrant. She does pay now for the most part.

However, I must say that just because people choose to continue to break the law it doesnt mean you should give up and allow them to do continue to do so. Just as I have heard on other message boards, posters stating that most people pay nothing so you should take what you can get OR be happy with what you get. I say that is a load of garbage ..Just becasue alot of people break the law it doesnt mean it should be accepted.

 I have had people with NCP's that owe 60K tell me  to just leave our NCP alone and be thankful. Thats ridicoulous, the law is the law just because many people break the law it doesnt mean that those who are adhearing to the law, SOME of the time should be rewarded  because they follow the law 70% of the time.

 I wish my DH were afforded the same luxuries of jumping from employer to employer paying for food and mortgage only when he can "afford it" and be rewarded for doing so. If he did his kids would starve and be homeless!!!!!!