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Ex only pays "enough"

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happibun8

Junior Member
What is the name of your state (only U.S. law)? Nebraska

Hello! I am the custodial parent to two children. My exhusband pays $500 per month ($250 per child) in child support. I voluntarily agreed to reduce the higher amount of support calculated by the Court/State of Nebraska formula to keep the divorce amicable. He carries the medical/dental and I am to pay for the first $500 in expenses per child per calendar year. Ultimately, the medical/dental premiums vs. out of pocket charges are nearly the same. In addition to the monthly support, he was ordered to pay for half of all expenses related to our children such as childcare, extracurricular activities, music lessons, sports, medical/dental, etc. To date, he has refused to contribute toward the additional expenses. He claims that he cannot afford it and as long as he pays the $500 per month, he is not in violation of the support order. He willingly agreed to the terms at the time of our divorce and in retrospect, he probably did so knowing that I may have a difficult time collecting his half of the children's expenses. According to the formal child support order, he is only required to pay $500 a month. Our decree outlined his other support requirement. My question is, how would I compel him to pay his fair share? Can and/or should I get the monthly support amount amended to reflect the additional expenses? Thanks! (BTW, we were married for 14 years and my divorce was finalized in June 2013).
 
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LdiJ

Senior Member
What is the name of your state (only U.S. law)? Nebraska

Hello! I am the custodial parent to two children. My exhusband pays $500 per month ($250 per child) in child support. I voluntarily agreed to reduce the higher amount of support calculated by the Court/State of Nebraska formula to keep the divorce amicable. He carries the medical/dental and I am to pay for the first $500 in expenses per child per calendar year. Ultimately, the medical/dental premiums vs. out of pocket charges are nearly the same. In addition to the monthly support, he was ordered to pay for half of all expenses related to our children such as childcare, extracurricular activities, music lessons, sports, medical/dental, etc. To date, he has refused to contribute toward the additional expenses. He claims that he cannot afford it and as long as he pays the $500 per month, he is not in violation of the support order. He willingly agreed to the terms at the time of our divorce and in retrospect, he probably did so knowing that I may have a difficult time collecting his half of the children's expenses. According to the formal child support order, he is only required to pay $500 a month. Our decree outlined his other support requirement. My question is, how would I compel him to pay his fair share? Can and/or should I get the monthly support amount amended to reflect the additional expenses? Thanks! (BTW, we were married for 14 years and my divorce was finalized in June 2013).
You have two choices...file for contempt for him not honoring the court orders to pay half of their other expenses OR (and I think the OR is the better idea)

File to modify child support to guideline level.
 

happibun8

Junior Member
Thank you!!!

Fantastic! Thank you very much for your advice. It was exactly what I was looking for. I appreciate your help! :)
 

stealth2

Under the Radar Member
The wording of the order wrt the extra expenses is important. Is Dad to be consulted/agree to any of those extras (the activities, lessons, elective medical expenses, etc.)?
 

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