Mod to CS order

[HisFather]

What is the name of your state (only U.S. law)? AL

I am non-custodial parent of son 17 years of age. The mother is likely seeking modification to child support order. The current order includes a monthly payment and health insurance coverage. My son turns 18 and graduates high school soon. The mother will likely seek that the order be modified to remove the credit for health insurance coverage to be replaced by an increase in payment (as she has since been married to a man that provides family coverage). She will also likely seek post-secondary education expenses which are not included in the court order. The mother has never had employment and has a history of drug abuse.

My questions are: How likely is it that the judge will order me to pay post-secondary education expenses? How likely is it that the judge will modify the order to replace the health insurance credit with an increase in payment? How much bearing will it have in court that my son is a year away from the age of majority? Does her history of drug abuse impact have any bearing in court?

 

[Silverplum]

What is the name of your state (only U.S. law)? AL

I am non-custodial parent of son born 03/08/1996. The mother is likely seeking modification to child support order. The current order includes a monthly payment and health insurance coverage. My son turns 18 and graduates high school soon. The mother will likely seek that the order be modified to remove the credit for health insurance coverage to be replaced by an increase in payment (as she has since been married to a man that provides family coverage). She will also likely seek post-secondary education expenses which are not included in the court order. The mother has never had employment and has a history of drug abuse.

My questions are: How likely is it that the judge will order me to pay post-secondary education expenses? How likely is it that the judge will modify the order to replace the health insurance credit with an increase in payment? How much bearing will it have in court that my son is a year away from the age of majority? Does her history of drug abuse impact have any bearing in court?

What does this have to do with your other thread on custody?

https://forum.freeadvice.com/child-custody-visitation-37/help-counseling-603139.html

 

[TheGeekess]

What is the name of your state (only U.S. law)? AL

I am non-custodial parent of son born 03/08/1996. The mother is likely seeking modification to child support order. The current order includes a monthly payment and health insurance coverage. My son turns 18 and graduates high school soon. The mother will likely seek that the order be modified to remove the credit for health insurance coverage to be replaced by an increase in payment (as she has since been married to a man that provides family coverage). She will also likely seek post-secondary education expenses which are not included in the court order. The mother has never had employment and has a history of drug abuse.

My questions are: How likely is it that the judge will order me to pay post-secondary education expenses? How likely is it that the judge will modify the order to replace the health insurance credit with an increase in payment? How much bearing will it have in court that my son is a year away from the age of majority? Does her history of drug abuse impact have any bearing in court?

Your other thread: https://forum.freeadvice.com/child-custody-visitation-37/help-counseling-603139.html

Age of majority in Alabama is 19, so you'll be paying CS until then.

If the divorce decree does not specify that college will be covered by the parents, then it's not likely that Mom will be able to get such an order now.

Alabama uses a shared income model. If Mom is providing the insurance, then it is likely that you will be ordered to pay a portion of those expenses instead of receiving a credit.

Nope. Bit late to bring that dog to the hunt.

Link to Alabama Administrative Court site on Child Support:
Alabama Unified Judicial System -- judicial.alabama.gov

DHR website on Child Support:
http://www.dhr.state.al.us/page.asp?pageid=288

Schedule of Basic Child Support:
Alabama Unified Judicial System -- judicial.alabama.gov

 

[HisFather]

SilverPlum:
There are separate issues that may need to be addressed: child support modification being one, and counseling for my son being second. There are separate forums to seek advice on each.

I have no intention of terminating financial support at any point in time, even after the age of majority is reached. And for those that may perceive or imply that I may be less than honorable with my financial support or my intentions, please note that I pay above what I am ordered to pay and have never missed a payment in 17 years. There is no divorce decree; it is a child support and visitation order. In this order, I am ordered to provide health insurance - which I do and receive a "credit" which is withheld from the amount for which I am ordered to pay each month. My question(s) is\was\included (from the responses that I have received, I do not have much confidence in those "providing advice"), will the judge modify the order to force me to end health insurance coverage for my son to be replaced by an increase in monthly payment. Also, does a history of drug abuse impact the judge's view of financial support paid to the custodial parent (whom BTW is not employed)?

Obviously, "free" in no way means "helpful" or "valuable".

 

[Silverplum]

SilverPlum:
There are separate issues that may need to be addressed: child support modification being one, and counseling for my son being second. There are separate forums to seek advice on each.

I have no intention of terminating financial support at any point in time, even after the age of majority is reached. And for those that may perceive or imply that I may be less than honorable with my financial support or my intentions, please note that I pay above what I am ordered to pay and have never missed a payment in 17 years. There is no divorce decree; it is a child support and visitation order. In this order, I am ordered to provide health insurance - which I do and receive a "credit" which is withheld from the amount for which I am ordered to pay each month. My question(s) is\was\included (from the responses that I have received, I do not have much confidence in those "providing advice"), will the judge modify the order to force me to end health insurance coverage for my son to be replaced by an increase in monthly payment. Also, does a history of drug abuse impact the judge's view of financial support paid to the custodial parent (whom BTW is not employed)?

Obviously, "free" in no way means "helpful" or "valuable".

Alrighty, then.

 

[LdiJ]

SilverPlum:
There are separate issues that may need to be addressed: child support modification being one, and counseling for my son being second. There are separate forums to seek advice on each.

I have no intention of terminating financial support at any point in time, even after the age of majority is reached. And for those that may perceive or imply that I may be less than honorable with my financial support or my intentions, please note that I pay above what I am ordered to pay and have never missed a payment in 17 years. There is no divorce decree; it is a child support and visitation order. In this order, I am ordered to provide health insurance - which I do and receive a "credit" which is withheld from the amount for which I am ordered to pay each month. My question(s) is\was\included (from the responses that I have received, I do not have much confidence in those "providing advice"), will the judge modify the order to force me to end health insurance coverage for my son to be replaced by an increase in monthly payment.

Yes, the judge can do that. No one however can absolutely tell you whether or not the judge WILL do that.

Also, does a history of drug abuse impact the judge's view of financial support paid to the custodial parent (whom BTW is not employed)?

No...it will not impact the judge's view of your child's financial support. It also doesn't matter that the custodial parent is not employed. You can ask that she be imputed an income based on what she can reasonably earn. (most frequently 40 hours at minimum wage.)

 

[TinkerBelleLuvr]

SilverPlum:
There are separate issues that may need to be addressed: child support modification being one, and counseling for my son being second. There are separate forums to seek advice on each.

I have no intention of terminating financial support at any point in time, even after the age of majority is reached. And for those that may perceive or imply that I may be less than honorable with my financial support or my intentions, please note that I pay above what I am ordered to pay and have never missed a payment in 17 years. There is no divorce decree; it is a child support and visitation order. In this order, I am ordered to provide health insurance - which I do and receive a "credit" which is withheld from the amount for which I am ordered to pay each month. My question(s) is\was\included (from the responses that I have received, I do not have much confidence in those "providing advice"), will the judge modify the order to force me to end health insurance coverage for my son to be replaced by an increase in monthly payment. Also, does a history of drug abuse impact the judge's view of financial support paid to the custodial parent (whom BTW is not employed)?

Obviously, "free" in no way means "helpful" or "valuable".

If his insurance is provided through his employer, then it is most likely a cafeteria plan. With that said, you can't just "drop" it because a judge said so. What is likely is that both parties will get credit for the insurance provided (think double coverage.) You mentioned in the other thread talk about a divorce. THAT would impact the insurance provided through mom's husband.