Ex was fired...

[jessica013]

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

My ex-husband was recently fired from a company he had been with for over three years for assaulting a supervisor. We have a court order in effect for child support to be paid on the 1st of every month and he also has to cover health and dental insurance for our son.

I would think that he is obligated to pay child support and provide insurance regardless of his current employment status, but would like some reassurance. I anticipate hearing from him regarding leniency towards his parental responsibilities, but I don't feel like I should attempt to work with him since he wasn't laid off, he was fired for beating up his supervisor.

In addition, my ex-husband also has three other children from a previous relationship and he is also court ordered to pay child support on a weekly basis and provide health insurance for them as well. I imagine the mother of those children is having the same concerns I am.

 

[momofrose]

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

My ex-husband was recently fired from a company he had been with for over three years for assaulting a supervisor. We have a court order in effect for child support to be paid on the 1st of every month and he also has to cover health and dental insurance for our son.

I would think that he is obligated to pay child support and provide insurance regardless of his current employment status, but would like some reassurance. I anticipate hearing from him regarding leniency towards his parental responsibilities, but I don't feel like I should attempt to work with him since he wasn't laid off, he was fired for beating up his supervisor.

In addition, my ex-husband also has three other children from a previous relationship and he is also court ordered to pay child support on a weekly basis and provide health insurance for them as well. I imagine the mother of those children is having the same concerns I am.

Yes he is obligated, but do not be surprised if he files for a downward modification of support. If he has no job, then he has no money - in this economy it won't be easy for him to get another very quickly.

This is the very reason that each parent must supply $$ to the support of the child and each should not "count on" the child support as income.

"D"

 

[Ohiogal]

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

My ex-husband was recently fired from a company he had been with for over three years for assaulting a supervisor. We have a court order in effect for child support to be paid on the 1st of every month and he also has to cover health and dental insurance for our son.

I would think that he is obligated to pay child support and provide insurance regardless of his current employment status, but would like some reassurance. I anticipate hearing from him regarding leniency towards his parental responsibilities, but I don't feel like I should attempt to work with him since he wasn't laid off, he was fired for beating up his supervisor.

In addition, my ex-husband also has three other children from a previous relationship and he is also court ordered to pay child support on a weekly basis and provide health insurance for them as well. I imagine the mother of those children is having the same concerns I am.

The court cannot make him provide insurance if it is not available at a reasonable cost. Do you have insurance available through your job?

Since he was fired for cause, he will most likely not qualify for a downward modification in the cash support due to the fact that he is VOLUNTARILY unemployed.

 

[momofrose]

Since he was fired for cause, he will most likely not qualify for a downward modification in the cash support due to the fact that he is VOLUNTARILY unemployed.

Agreed IF it is noted that the reason for his dismissal was actually assault.

But, OP, even if that does not happen - there is no money coming in so at best he can pay from any savings he has or at worst rack up the arrears.

 

[jessica013]

Thanks for all the input!

I don't count on his child support as income because he has been known for getting it to me late and the check has even bounced a time or two. Plus, his monthly child support isn't much to begin with since he had three other children to support. It is however, in our court order (and at his request) that he is to cover health insurance and dental insurance. He had a health plan through his former employer, but that did not include dental so he had obtained a plan on his own. If he is unable to cover our son, I do have full health coverage through my employer, but part of the cost for that coverage will come out of my paycheck. If he was unable to pay child support and we should have to go to court for arrearage, would he also be obligated to reimburse me for having to cover our son's insurance?

As a sidenote, my ex does work on the side as a musician. I have no idea how much additional income this provides and he does not claim the income on his taxes.

 

[Ohiogal]

Thanks for all the input!

I don't count on his child support as income because he has been known for getting it to me late and the check has even bounced a time or two. Plus, his monthly child support isn't much to begin with since he had three other children to support. It is however, in our court order (and at his request) that he is to cover health insurance and dental insurance. He had a health plan through his former employer, but that did not include dental so he had obtained a plan on his own. If he is unable to cover our son, I do have full health coverage through my employer, but part of the cost for that coverage will come out of my paycheck. If he was unable to pay child support and we should have to go to court for arrearage, would he also be obligated to reimburse me for having to cover our son's insurance?

As a sidenote, my ex does work on the side as a musician. I have no idea how much additional income this provides and he does not claim the income on his taxes.

Why should he have to bear the ENTIRE COST of covering the children on health insurance?

 

[LdiJ]

Why should he have to bear the ENTIRE COST of covering the children on health insurance?

Well, in this instance because he would normally be receiving credit for it in the existing child support calculation. Per the VA child support calculator credit is given to the parent providing health insurance.

Therefore unless their child support was not calculated using the standard guidelines, he should be fully responsible for health insurance unless their CS is recalculated.

 

[jessica013]

Why should he have to bear the ENTIRE COST of covering the children on health insurance?

He requested from the judge that he solely be responsible for the providing the insurance so that he could have a reduction in the amount of child support he paid me each month. However, I am still responsible for all co-payments and medications.