can you have parts of support order removed from current order?

[NCPhelp]

What is the name of your state? NY

Stepson is going to be 20 years old in August. Graduated from high school a year ago, in June 2005. He did not continue on in school and has been working ever since he graduated. We got a COLA letter in the mail and now husbands support is being increased. All in all we were hoping it would stop altogether, but no such luck.

Our question is, if his son cannot be covered under his mother's health plan any longer, would that part of his support order now not apply. For example, his support order reads he is to pay $xx amount for child support and it is further ordered that he is to pay $xx to cover the child under the custodial parents medical insurance. Therefore, if the child cannot be covered under her plan any longer, because he is too old, why should he have to pay for a premium that does not exist?

I know the law says we have to pay support until he is 21 but this is getting ridiculous, he has not lived with his mother in over 2 years now.

Help!!!!!

 

[BL]

What is the name of your state? NY

Stepson is going to be 20 years old in August. Graduated from high school a year ago, in June 2005. He did not continue on in school and has been working ever since he graduated. We got a COLA letter in the mail and now husbands support is being increased. All in all we were hoping it would stop altogether, but no such luck.

Our question is, if his son cannot be covered under his mother's health plan any longer, would that part of his support order now not apply. For example, his support order reads he is to pay $xx amount for child support and it is further ordered that he is to pay $xx to cover the child under the custodial parents medical insurance. Therefore, if the child cannot be covered under her plan any longer, because he is too old, why should he have to pay for a premium that does not exist?

I know the law says we have to pay support until he is 21 but this is getting ridiculous, he has not lived with his mother in over 2 years now.

Help!!!!!

If the 20 yr. old isn't living with the Mother , file a Child Support modification .

Let the Court decide all support amounts .

 

[NCPhelp]

reply to above poster

Would this end up costing more that 12 more months of support?

 

[fairisfair]

um, are we supposed to guess at how much you pay?? or at how much an attorney will charge you??

 

[NotSoNew]

would what cost more? you can file without an attorney, you just wanted to know about filing a mod to have health insurance removed. it would cost the same as any mod.

 

[NCPhelp]

thankyou for your replies

I know I did not give specifics on what my husband pays for support. The support amount I am not questioning. There is additional monies added to his support amount that is supposed to be for premium to cover the child under the mothers insurance plan. For example, his support payment is $75.00 per week and he also pays an additional $14.79 for medical insrance to cover the son, for a total support payment that is garnished from his check of $89.79 per week. If we go to court to ask them to remove the medical insurance premium portion of the support order, won't they ask why? And if it states in the support order that the mother is supposed to carry the insurance, could this backfire on us, and he be obligated to cover him on a individual plan since the "so-called" child cannot be covered on either of our plans, for he is no longer eligible because he isn't a student anymore. We are just afraid this will backfire in our faces, as this has happened in the past.

Just trying to see if anyone has tried to get this part removed from a support order. Would the judge ask about the child having lived away from the mom the last two years, and is out supporting himself. Could they end support right there and then on these grounds. We are afraid it might be increased, for we aren't sure if he is working fulltime and really supporting himself. He is currently living with his girlfriend at her parents house.

I know, a big mess !!! Can't wait til this is over!!

NCPhelp

 

[BL]

I know I did not give specifics on what my husband pays for support. The support amount I am not questioning. There is additional monies added to his support amount that is supposed to be for premium to cover the child under the mothers insurance plan. For example, his support payment is $75.00 per week and he also pays an additional $14.79 for medical insrance to cover the son, for a total support payment that is garnished from his check of $89.79 per week. If we go to court to ask them to remove the medical insurance premium portion of the support order, won't they ask why? And if it states in the support order that the mother is supposed to carry the insurance, could this backfire on us, and he be obligated to cover him on a individual plan since the "so-called" child cannot be covered on either of our plans, for he is no longer eligible because he isn't a student anymore. We are just afraid this will backfire in our faces, as this has happened in the past.

Just trying to see if anyone has tried to get this part removed from a support order. Would the judge ask about the child having lived away from the mom the last two years, and is out supporting himself. Could they end support right there and then on these grounds. We are afraid it might be increased, for we aren't sure if he is working fulltime and really supporting himself. He is currently living with his girlfriend at her parents house.

I know, a big mess !!! Can't wait til this is over!!

NCPhelp

You ask the Court in your modification, to termination the child support obligations . As a change in circumstance state the child has not lived with neither parent for the last 2 yrs , and is believed to be self supporting himself , and not in school .

All it cost is the filing fees , and honestly , I don't no why the 2 yr. wait .

Consults with Attorneys are minimal , and The bar association usually can make a referral to an Attorney for 1/2 hr. consults for about 40 bucks .

 

[NCPhelp]

response to Blonde....

The reason why the two year wait. Well, it is a long story. But last June when his son graduated from high school we went to visit our lawyer to see if we could have support terminated on grounds he was done with school, living in his own apt, etc. etc. He told us we would have a very hard case to win. You know, state of NY you pay child support until the child is 21 (which by the way, I think is ridiculous), I can see it if the child is continuing his education, bettering himself, etc. But this kid is not.

This whole situation has been terrible, my husband was a good father to this boy and he has too much of his greedy mother in him to appreciate anything we did for him. He will be 20 years old in August, he is working full time, not sure where he is living at the time, he lived with his girlfriend and her parents so in the courts eyes he was not "self-supporting" and that is one of the things we have to prove to stop support.

If we file for a modification, bear with me for I have no idea where to start with this. Do you have to declare on what grounds you are filing a modification? We are afraid this might backfire in our faces and we end up paying more support. And how would they handle the health insurance? That is my real question. This child cannot be carried under ours or his mothers health insurance any longer because he is no longer in school. So does this mean we would have to get a single policy and pay our portion of the premium for 1 measly year until he is 21. We are just wondering if it is all worth it, or we just pay the support for 1 more year until he is 21 and it gets stopped once and for all and we never have to deal with awful woman agian.

She will be hurting for she makes about $1000 from 2 different fathers on support alone each month.

Why are some of the women out there just so greedy and take these dads for every penny they have.

If she was any kind of decent person, she would be responsible and have the support stopped since her son is out working full time, paying his own bills, supporting himself and his girlfriend.

Thanks for your help...

 

[BL]

The reason why the two year wait. Well, it is a long story. But last June when his son graduated from high school we went to visit our lawyer to see if we could have support terminated on grounds he was done with school, living in his own apt, etc. etc. He told us we would have a very hard case to win. You know, state of NY you pay child support until the child is 21 (which by the way, I think is ridiculous), I can see it if the child is continuing his education, bettering himself, etc. But this kid is not.

This whole situation has been terrible, my husband was a good father to this boy and he has too much of his greedy mother in him to appreciate anything we did for him. He will be 20 years old in August, he is working full time, not sure where he is living at the time, he lived with his girlfriend and her parents so in the courts eyes he was not "self-supporting" and that is one of the things we have to prove to stop support.

If we file for a modification, bear with me for I have no idea where to start with this. Do you have to declare on what grounds you are filing a modification? We are afraid this might backfire in our faces and we end up paying more support. And how would they handle the health insurance? That is my real question. This child cannot be carried under ours or his mothers health insurance any longer because he is no longer in school. So does this mean we would have to get a single policy and pay our portion of the premium for 1 measly year until he is 21. We are just wondering if it is all worth it, or we just pay the support for 1 more year until he is 21 and it gets stopped once and for all and we never have to deal with awful woman agian.

She will be hurting for she makes about $1000 from 2 different fathers on support alone each month.

Why are some of the women out there just so greedy and take these dads for every penny they have.

If she was any kind of decent person, she would be responsible and have the support stopped since her son is out working full time, paying his own bills, supporting himself and his girlfriend.

Thanks for your help...

You claim the change in circumstances is that he is emancipated and independent .

http://www.empirestatecoalition.org/emanc.html , By living out side the home beyond the control of the Parent , is working full time , and living on his own , and
Even if CS would continue , the mother has no rights to it .

 

[NCPhelp]

Blonde Lebanese

Thank you so much, you are so nice. I appreciate the link, I will check it out.

NCPhelp