Question about Arrears

[ocgirl26]

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

I am just curious about this.... My son's father refused to put him on his medical insurance and my insurance won't cover our son so I had get medi-cal for our son. Once our son was born his father signed an AOP at the hospital but still refused to put our son on his insurance.

A couple months after our son was born, the state of California sent me paperwork stating that they wanted all of the fathers information so that they could track him down because they wanted to know that he was paying child support and to force him to put our son on his insurance. I showed the father the paperwork and he put our son on his insurance right away and we submitted a peice of paper signed by both of us that he would be paying xxx.xx amount per month. The was an amount that we decided on and it was not calculated in anyway.

The father is in Iraq as a civilian contractor making a great deal of money so I think that it is highly probable that he should be paying alot more if we had gone by the child support guidelines. He has recently stated that because he has made so much money that when he comes back he is going to make my life a living hell and take custody away from me and I will never see our son again!

I know that he won't be able to do that but.... I am just wondering if I can go after him for arrears because he should of been paying me so much more or if I am out of luck?

Thank you so much for your help! I just know he is less likely to drag me to court and try to make my life hell if he has to pay me arrears.

 

[LdiJ]

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

I am just curious about this.... My son's father refused to put him on his medical insurance and my insurance won't cover our son so I had get medi-cal for our son. Once our son was born his father signed an AOP at the hospital but still refused to put our son on his insurance.

A couple months after our son was born, the state of California sent me paperwork stating that they wanted all of the fathers information so that they could track him down because they wanted to know that he was paying child support and to force him to put our son on his insurance. I showed the father the paperwork and he put our son on his insurance right away and we submitted a peice of paper signed by both of us that he would be paying xxx.xx amount per month. The was an amount that we decided on and it was not calculated in anyway.

The father is in Iraq as a civilian contractor making a great deal of money so I think that it is highly probable that he should be paying alot more if we had gone by the child support guidelines. He has recently stated that because he has made so much money that when he comes back he is going to make my life a living hell and take custody away from me and I will never see our son again!

I know that he won't be able to do that but.... I am just wondering if I can go after him for arrears because he should of been paying me so much more or if I am out of luck?

Thank you so much for your help! I just know he is less likely to drag me to court and try to make my life hell if he has to pay me arrears.

No, he won't have to pay you arrears. You and he agreed on a child support amount, and until its modified, that is the amount. It doesn't matter how much he is making, he has no arrearages.

I realize that you were looking for leverage to get him to back off on his threats, but you don't have it there.

Hopefully once he gets back and speaks to an attorney, he will realize that he has no hope of getting even primary custody, let alone full custody. Particularly if your son is still an infant/toddler.

 

[CourtClerk]

Just curious: Why won't your insurance cover your child?

There are no arrears because (1) you agreed to an amount (2) it doesn't appear that there is a court order for support, just your independant agreement and (3) the government gets paid back first for you using their money.

 

[ocgirl26]

Answers to questions

I am a college student and I was under my dad insurance. They would not pay for a dependent of a dependent. To my knowledge (he might not tell me) the state has not gone after him to pay back the medi-cal and they have not ask me for it. Do they normally?

The last thing I wanted to do was have to use state aid but he refused to put the baby on his insurance. Our baby was born on the 12th of a month and I was able to get insurance that started on the 1st of the next month. Thank you for you help!

I know he won't get primary custody but he is going to make my life a living hell trying.