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change in child support amount

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mamadi

Member
What is the name of your state? North Carolina

Just wondering if anyone knows how to go about getting an increase in child support payments. Child Support caseworker says they can't do anything unless it's been 3 years since last child support papers were filed.

They tell us the only way we can file for an increase is through our attorney. They also say the only way we can bring health insurance (requiring mom to cover kids) is also through attorney because it hasn't been 3 years.

Thanks for any help

mamadi
 


WyattJ

Member
My CS has not been modified in 6 years and I still can not get help. I've tired but no results...but since I am modifying my joint parenting agreement I might as well get the increase in CS...lol with a lawyers help.
 

mamadi

Member
Hey Grace. We checked those websites you gave. Would a temporary custody order that was changed to permanent custody (following a custody trial) be considered "change in custody status" ?

They are now telling us (DSS Caseworker) that the mother cannot be required to pay medical insurance for 3 more years (actually 2 now) because the "case is closed" until the 3 years is up . Does that sound right ? The kids will be going to New York for most of the summer. Our insurance doesn't cover them out of state. Any ideas ?

Thanks again
 

Grace_Adler

Senior Member
Let's see.. um.. as to the first question, I'm not sure. I think it would depend on what worksheet they have been using to calculate child support. Do you know which one they were using? And it would probably depend on if the amount of overnight stays per year in your house was altered and by how much. That's what they go by when determining which worksheet to use.

I really don't know about them closing the case for 3 years and not requiring her to pay insurance. I guess that site didn't say anything about that. Hmmm. I really don't know. Maybe you could find an attorney or paralegal in your area to ask about that.

I found this at www.ncchildsupport.com I don't know if it will help or not. They have the guidelines listed on there.

Health Insurance and Health Care Costs


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The amount that is, or will be, paid by a parent for health (medical, or medical and dental) insurance for the children for whom support is being determined is added to the basic child support obligation and prorated between the parents based on their respective incomes. Payments that are made by a parent's employer for health insurance and are not deducted from the parent's wages are not included. When a child for whom support is being determined is covered by a family policy, only the health insurance premium actually attributable to that child is added. If this amount is not available or cannot be verified, the total cost of the premium is divided by the total number of persons covered by the policy and then multiplied by the number of covered children for whom support is being determined.

The court may order that uninsured medical or dental expenses in excess of $100 per year or other uninsured health care costs (including reasonable and necessary costs related to orthodontia, dental care, asthma treatments, physical therapy, treatment of chronic health problems, and counseling or psychiatric therapy for diagnosed mental disorders) be paid by the parents in proportion to their respective incomes.

The court may order either parent to obtain and maintain health (medical or medical and dental) insurance coverage for a child if it is actually and currently available to the parent at a reasonable cost. Health insurance is considered reasonable in cost if it is employment related or other group health insurance, regardless of delivery mechanism. If health insurance is not actually and currently available to a parent at a reasonable cost at the time the court orders child support, the court may enter an order requiring the parent to obtain and maintain health insurance for a child if and when the parent has access to reasonably-priced health insurance for the child.
 

Grace_Adler

Senior Member
This is also on the website..

Modification


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In a proceeding to modify an existing order that is three years old or older, a difference of 15% or more between the amount of the existing order and the amount of child support resulting from application of the guidelines based on the parents' current incomes and circumstances shall be presumed to constitute a substantial change of circumstances warranting modification. If the order is less than three years old, this presumption does not apply.

So I guess you can't change it until the 3 years is up. :confused: I was thinking you could if there was a change in circumstances.

You might have to call the bar association and get them to refer you to an attorney for a low consult fee. It will only cost you $30, unless you can find someone nice enough to do it for free.
 
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mamadi

Member
Thanks Grace ... We read that too. "Change of circumstance". We know that the amount in child support payments would be a 15% difference from the first order until now but it says if the order is less than 3 years old we can't use that.

Basically mom is paying $38.00 per week for two kids, she is not responsible for medical coverage because the case was "closed" before that could be brought up. We are now responsible for half of the driving from here to NY for mom to exercise her visitations.

We are estatic to have received permanent custody. But some of these issues don't seem right :)

Thanks so much for your help. We do have an attorney. Of course, we are trying to pay off the remaining balance from the trail so we don't want to add any more "expenses" if you know what I mean !! Thanks again
 

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