child support help!

[jhf]

What is the name of your state? Florida

I currently receive child support from my exhusband. I have in the past had to use my child support payment to pay for health insurance for my two children that my exhusband was suppose to pay but didn't because he said he could not afford it, which was insurance through the military. My exhusband is retired military and the insurance included my two children my exhusband and his new wife and her two children. I had to use my child support to pay for the insurance. How can I get reinbursed for the months that I had to use my child support for insurance that covered my ex, and his family. I have remarried and my children are on my husbands insurance. I also want to know how can I get my child support raised because I have one child that will be turning eighteen this year and my exhusband will then only have to pay for child support for the one child and since he is not paying anything towards the insurance how can that be calulated into his child support payment? Since my divorce my exhusband had made rank before retiring the military and currently working two jobs.

 

[audster]

You need to be a little clearer about the insurance thing. If I understand you right (and I might not be) youu don't like the way you had to spend your CS and you want reimbursed for it? If he already paid CS, you can't have him pay it again. iIf he was court ordered to pay uninsured medical bills (half usually being the standard) then you may be entitled to reimbursment for that if you have already paid the bills.

I'm not exactly sure what the military's insurance policy is like now....I thought medical for an active service member and his dependents were simply a fringe benifit of being in the military...as long as you went to a military facility (and I'm sure that includes local VA Hospitals). I could be wrong, I'm an activist not a lawyer, but if that is the case and you didn't want to take the children to a VA or on post hospital, you may not be entitled to anything. What, exactly does your Court Order say? And please be a little more clear on the Insurance issue. It sounds from your post that you were paying insurance on his stepchildren as well----

suppose to pay but didn't because he said he could not afford it, which was insurance through the military. My exhusband is retired military and the insurance included my two children my exhusband and his new wife and her two children. I had to use my child support to pay for the insurance. How can I get reinbursed for the months that I had to use my child support for insurance that covered my ex, and his family.

I

also want to know how can I get my child support raised because I have one child that will be turning eighteen this year and my exhusband will then only have to pay for child support for the one child

You have to prove a change in financial circumstances. If CS is to stop when the child turns 18 (and the age and circumstances vary from state to state) then he can file a modification to LOWER CS, not raise it. The adjustment usually isn't much, from 5 to 10 % if I'm right...You can't raise his CS because your have fewer children at home...the logic there makes no sense. You have 2 kids that ex is paying support for, 1 turns 18 and is no longer eligible for CS = less support not more. If he is making signifigantly more money then the judge may raise it for the remianing child, but that is questionable. Also consider the fact that even if he "gained rank" after the divorce, that really has no bearing ...he's not in the military anymore. And the reason he is working 2 jobs may be to pay support in the first place!

 

[TNBSMommy]

b) Each order for support shall contain a provision for health care coverage for the minor child when the coverage is reasonably available. Coverage is reasonably available if either the obligor or obligee has access at a reasonable rate to a group health plan. The court may require the obligor either to provide health care coverage or to reimburse the obligee for the cost of health care coverage for the minor child when coverage is provided by the obligee.

It would depend on what your court orders say, if he is court ordered to provide it and you can prove he hasn't been, then you may be able to get reimbursement for your children's insurance. If it is already in your CS orders, then he is already paying for it, just through you. I don't know whether or not you would be able to get reimbursement for paying for HIS and his WIFE's insurance.

Good luck!