Modification Of Divorce Decree for Child Support

I posted a message on 9/10 "Visitation and DWI---". I have a follow up question. (By the way, I did call the DMV, and my ex has a valid conditional license. He can drive M-F to and from work and 2-5pm on Sundays. He's been driving at nights and the whole weekend).

While we were seperated, and before the divorce was final, my ex paid $250 a week in Child Support. But when I got the divorce decree mailed to me the CS said $117/week. He continued to pay the $250 a week until he got the DWI (he said he couldn't afford it anymore with his attorney fees and court costs).

That wasn't enough money to raise my daughter on, so I went to an attorney. I also wanted to move out of state too. NY State guidelines are 25% of the non-custodial parent's gross income. My attorney said gross income also includes unreported income. Well, I knew my ex had been cheating on his income taxes for years. And I was also mad at him because after my daughter and I moved out of the house, he refused to give me the rest of my things. I also felt that maybe I had settled for too little. He ended up with the house and most of the possessions in it. We also had been married for 10 years and I was working at my first job in over 7 years because I had stayed home to raise our daughter.

My attorney told me we could supeana all my ex's business records to find out what his true income was. I told my ex this and also said maybe I would call the IRS on him. I finally got him to come up to $350 per week. Yes, some might call it black mail, but my salary is low and why should my daughter have to compromise her lifestyle?

Anyway, what I would like to do is take out a term life insurance policy on my ex. He lives a wild lifestyle and if something were to happen to him, then our daughter would be taken care of. I am willing to pay the insurance premiums myself. I spoke with an insurance agent and it is legal for me to take out a life insurance policy on my ex, but I do need his consent. My ex said NO WAY when I asked him. But now that the Modification of Divorce had been filed, (I got the $350/week and permission to move), can I file another???

[LegalBeagle]

It is unlikely that you would be able to make further (forced) changes for just this minor thing. Remember though, that in the event of his demise, you can sue his estate on behalf of his child for the remaining CS payments.

and if there is no other wife or will, then your child will get most of it anyway.. including the house. Just think, you have a great deal, most people here would kill for $350 a week in CS.

About the driving.. you know what to do right ??

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Psst.. I am not an attorney, and even if I was, I would not tell you. What I am giving you is not legal advice in anyway. For proper legal advice, retain a person who openly admits they are an attorney.



[This message has been edited by LegalBeagle (edited September 12, 2000).]

Re: The driving

I don't think I should let my daughter in his car when I know he doesn't have a license. And as much as I don't feel like driving her all the way to his house, I probably should so she can see him. Is that what you meant?

[LegalBeagle]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Libby'smom:
[b]Re: The driving

I don't think I should let my daughter in his car when I know he doesn't have a license. And as much as I don't feel like driving her all the way to his house, I probably should so she can see him. Is that what you meant?[/b]<HR></BLOCKQUOTE>

Nope.. I would not drive the child to see him at all.. it is not your fault he does not have a full valid licence.. if he wants to see his child and thinks more of her than anything else in the world.. then he will get a bus, catch a taxi or hitchhike to your place for visitation.