Can Mom's Medical Expenses Reduce Her Income?

[OnceUponATime]

Virginia

Okay, edited my post to make it shorter and hopefully someone will throw an opinion my way. 2 kids, joint split custody, mom has primary of daughter, dad has primary of son.

Mom had heart surgery in Jan 07, mom & dad signed agreed support modification order in Jun 07. Mom just filed motion requesting her income be reduced by the oustanding cost of her medical bills from surgery a year ago, and child support be recalculated. Mom worked full time during sugery and continues to work full time (she took 6 weeks off). She has taken several vacations since surgery, including Disney for a week, and also signed daughter up for an expensive swim program (which she is also seeking partial reimbursement for). Daughter is failing several classes...3 F's and 3 D's.

Would a judge entertain her medical bills from PRIOR to signing the current order as a change in circumstance....considering her trips and other expenditures since then?

 

[OnceUponATime]

Anyone care to guess?

 

[Gracie3787]

Virginia

Okay, edited my post to make it shorter and hopefully someone will throw an opinion my way. 2 kids, joint split custody, mom has primary of daughter, dad has primary of son.

Mom had heart surgery in Jan 07, mom & dad signed agreed support modification order in Jun 07. Mom just filed motion requesting her income be reduced by the oustanding cost of her medical bills from surgery a year ago, and child support be recalculated. Mom worked full time during sugery and continues to work full time (she took 6 weeks off). She has taken several vacations since surgery, including Disney for a week, and also signed daughter up for an expensive swim program (which she is also seeking partial reimbursement for). Daughter is failing several classes...3 F's and 3 D's.

Would a judge entertain her medical bills from PRIOR to signing the current order as a change in circumstance....considering her trips and other expenditures since then?

Because mom's surgery didn't result in a disability it really shouldn't affect the CS. However, Dad really needs to point this out in court. Maybe a very temp decrease would be needed, but definately not long term and it Dad can prove in court that Mom has taken vacations, it shouldn't result in any decrease.

However, there's no telling what a Judge will rule, so it's best for dad to go into court fully prepared to go the extra mile to prove his case.

 

[OnceUponATime]

Thank you Gracie.

Mom is currently receiving $200 more per month than how the guidelines calculate out...she mistakenly believes she is owed more, hence her request the guidelines be used. Dad wants the guidelines used, especially if the judge exceeds the amount for her other requests. Dad is concerned if the judge calculates less support, he'll tell her to stick with what she's getting. Mom either didn't understand income means gross income, or she wasn't honest about her income when he agreed to the higher amount.
Should dad file his own motion also requesting the guidelines be used, so it shows the judge both parties want it?