Trying to get child support changed

[luvmycats2011]

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

I have been divorced for 3 years now and since then my ex husbands income has increased more than double what he was making when we actually got divorced. He originally was supposed to give me $400.00 and provide health insurance and it was automatically taken out of his paycheck. Since then he has become 100% disabled through the VA and receives money from the VA, money from social security, and retirement disability. Since he has no job I have had to place my child on my insurance, which caused my insurance to double. So he agreed to send me $600.00. Since all this though he has moved out of state, and is heavily into drugs and alcohol and he no longer answers his phone. He sends his payments when he wants and its getting later and later in the month. To top things off I have a new insurance plan this year that on top of the costly insurance that's deducted from my check I now have to meet a $1500 deductible per person before the insurance even pays anything. Can I take him back to court to request for the child support to be increased? Can I get him to pay the deductible for insurance? Can I get it automatically taken out of his account since he doesn't have a job? If I CAN get an increase since he makes so much more can it get it back dated from the time he started receiving all his checks??
I can no longer afford a lawyer though .... what can I do??

 

[TheGeekess]

You can contact your county DHR office and ask to make an appointment with a Child Support enforcement.

Take your paperwork to their office, pay the piddly bit ($5? $25?) and let them handle it.

Any increase, however, is only back to date of filing (when DHR submits the enforcement paperwork to the court), it won't go back years.

 

[single317dad]

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

I have been divorced for 3 years now and since then my ex husbands income has increased more than double what he was making when we actually got divorced. He originally was supposed to give me $400.00 and provide health insurance and it was automatically taken out of his paycheck. Since then he has become 100% disabled through the VA and receives money from the VA, money from social security, and retirement disability. Since he has no job I have had to place my child on my insurance, which caused my insurance to double. So he agreed to send me $600.00. Since all this though he has moved out of state, and is heavily into drugs and alcohol and he no longer answers his phone. He sends his payments when he wants and its getting later and later in the month. To top things off I have a new insurance plan this year that on top of the costly insurance that's deducted from my check I now have to meet a $1500 deductible per person before the insurance even pays anything. Can I take him back to court to request for the child support to be increased? Can I get him to pay the deductible for insurance? Can I get it automatically taken out of his account since he doesn't have a job? If I CAN get an increase since he makes so much more can it get it back dated from the time he started receiving all his checks??
I can no longer afford a lawyer though .... what can I do??

Social Security can be garnished for child support. SSI can not. Depending which type of income he has, you may not be able to touch that part of it. If he is approved for Social Security, his children can claim a benefit as well, and you as his ex-wife may be eligible for a benefit depending on the length of your marriage and other factors. VA disability is eligible for garnishment under 42 USC §659(h)(1)(A)(v). He is still required to maintain insurance for the children as long as the court order says such, regardless of his employment status.