modification problems

[sunny125]

What is the name of your state? IN

My husband went to court for support modification and right to know more about what is going on with his son since his ex really wouldn't keep him informed. Anyway our attorney adjusted his support for 10.00 more a wk. due to guidelines. We went to court and had a pro temp judge which didn't rule that day. His ex did not pay her attorney bill and our attorney informed us their was no judgment after several months. everything blew over and my husband was paying his new increased support. Now several years later, we called our attorney to find out if we are required to pay for private school and found out that a judgement has been passed a year later from the court hearing for another 10.00 a wk and he had been required to carry all insurance on his son. I carried insurance on him thru my work as a family policy until I lost my job a year ago. His stepfather carried him also and is currently carrying insurance. My husband now has a health savings account insurance plan which is a high deductible. We were never notified of a judgement and the court has been taking out the old increased amt of support from his wkly check. My question is will he be required to pay back support and repay ALL of the out of pocket insurance expenses for the last several years? Our attorney is looking into it but I may change attorneys since all this has occurred. I just wanted some idea about what to expect.
thanks

 

[bulldogg70]

If the child was covered that is the most important part, now if the insurance was costing you 200.00 per month for the child and father that may not mean that he would owe them 1.2k a year for coverage. The amount he would have to pay is the part of the cost that includes the child. So, if the step father was carrying the child and his insurance for the whole family of four (4) was $225.00 per month the the yearly amount owed would be $675.00 per year your husband was not covering. However, if the step father was covering him while and before you where, you can make the argument that he made that choice on his own anyway so there should not be cost associated with it. In regards to the modification support, it appears your husband would be accountable for it even if he was not notified by the attorney.
I always believe to stay on top of your case, go down to the clerk of court and check your records at least once every four months, that is if they do not have it online.

 

[sunny125]

thank you. His son had braces put on recently and his stepfather's insurance covered alot of the expense and currently we are splitting the remaider 50/50.
will my husband be required to pay the whole remaining amount? His ex recently found out that their was a judgement as well and she said she may push to have the second increased amount now so he will more than likely be in arrears now. I imagine they will take our tax check now and will they just up the amount of his garnishment to include the arrears? This has been pretty amicable until recently and I think she is getting in over her head with all these new purchases and is wanting the increased support now.

 

[bulldogg70]

Well, it happens sometimes, however, there are usually nominal increases from time to time from the state. However, maybe you need to seek modification of c/s, look and see if it would be in your favor.

 

[sunny125]

most definitely understand that this is just advice and we do have an attorney looking into the situation for us right now. I just wanted to see if anyone had a similar situation and some idea of what to expect for my husband. He never misses work or a support payment and has been actively involved in his son's life. Hindsight is 20/20 and we are usually up on legal matters so this is unexpected situation for us. We appreciate your advice but of course expect our attorney to work for us to settle this matter.
thanks