Child Support for institutionalized child

[Sweetieboots]

We live in California... My son My son, whom will be turning 18, in February, has been institutionalized for 11 of the last 18 months and is so now. Unfortunately, he is looking to remain there for a minimum of 6 months, after “graduating “ from the higher level of care facility in which he currently resides. My employer is transferring me to another state, where my income will decrease by, almost, half....
I am currently paying his mother $1000/month in child support...
Soooo.... Between the fact that I am paying his mother for care that she has not, is not and will not be providing for him, (my insurance is instead), and my projected, drastic, income decrease, I am seriously considering a modification of the support order.... May I have grounds for either? Separately? Combined? Or even at all? Any thoughts are welcome.

 

[stealth2]

I would, without a doubt, consult an attorney ASAP.

Please understand that with regard to what follows, I am only "thinking aloud" as I do not know the answer to your question. Much, I think, will depend on the outlook for your son post-release. Will he be able to live independently? Or will it be more realistic/likely that he will either need to live with you/Mom/other adult or a halfway-type program? Will he be able to work/support himself? Depending on that situation (and the likely duration if it is at all a supervisory situation), it is not at all impossible that Mom will file for support continuing past the age of 18.

What, exactly, does your insurance cover? Room, board, medical care. What about clothing? Extras? Does insurance cover 100%?

Regarding current support - is it current support? Or are there any arrears involved? Was Mom/son on any type of state aid, which your payments are going towards repaying?

In terms of your chances....Remember that, until 18, Mom is required to provide (as CP) a place for your (joint) child, with the aid of your support. I strongly doubt that a judge will simply end your CS now (if you even get into court before he turns 18). However, given your involuntary income decrease, there is a possibility for a downward modification. Hence, my suggestion that you speak with a lawyer, bringing ALL of the details regarding your son's institutionalization, insurance coverage/payments, etc. S/He will be best able to advise you how to proceed.

Other than that, I wish your son the best in his ongoing recovery, as well as comforting thoughts to both you & Mom - our child's difficulties are always our own.

 

[LdiJ]

I would, without a doubt, consult an attorney ASAP.

Please understand that with regard to what follows, I am only "thinking aloud" as I do not know the answer to your question. Much, I think, will depend on the outlook for your son post-release. Will he be able to live independently? Or will it be more realistic/likely that he will either need to live with you/Mom/other adult or a halfway-type program? Will he be able to work/support himself? Depending on that situation (and the likely duration if it is at all a supervisory situation), it is not at all impossible that Mom will file for support continuing past the age of 18.

What, exactly, does your insurance cover? Room, board, medical care. What about clothing? Extras? Does insurance cover 100%?

Regarding current support - is it current support? Or are there any arrears involved? Was Mom/son on any type of state aid, which your payments are going towards repaying?

In terms of your chances....Remember that, until 18, Mom is required to provide (as CP) a place for your (joint) child, with the aid of your support. I strongly doubt that a judge will simply end your CS now (if you even get into court before he turns 18). However, given your involuntary income decrease, there is a possibility for a downward modification. Hence, my suggestion that you speak with a lawyer, bringing ALL of the details regarding your son's institutionalization, insurance coverage/payments, etc. S/He will be best able to advise you how to proceed.

Other than that, I wish your son the best in his ongoing recovery, as well as comforting thoughts to both you & Mom - our child's difficulties are always our own.

I am not sure that a judge would automatically rule that it's an "involuntary" decrease. Who accepts a transfer that is going to result in their pay being cut in half? What employer would expect such a transfer to be accepted? The normal person would look for a new job in their current area, or even other areas that would give them a comparable income.

 

[stealth2]

I am not sure that a judge would automatically rule that it's an "involuntary" decrease. Who accepts a transfer that is going to result in their pay being cut in half? What employer would expect such a transfer to be accepted? The normal person would look for a new job in their current area, or even other areas that would give them a comparable income.

I'll admit, I "assumed" Accept the transfer or be laid off.

 

[stealth2]

Also LDi - new job would likely mean new insurance - not effective for 3 mos. Can son's costs be covered in the interim? Will new insurance offer similar coverage?

 

[cbg]

Even a new job does not presume a 3 month wait for coverage, and a transfer definitely should not. It may require new insurance certainly, but there absolutely should not be a gap in coverage related to a transfer.

 

[LdiJ]

The insurance is definitely a valid point. However still, a transfer with a 50% paycut still does not seem like it would normally be something someone would accept or that an employer would expect to be accepted. There is also always Cobra.

 

[stealth2]

Even a new job does not presume a 3 month wait for coverage, and a transfer definitely should not. It may require new insurance certainly, but there absolutely should not be a gap in coverage related to a transfer.

I knew not with a transfer, but a new job.... based on experience...

The insurance is definitely a valid point. However still, a transfer with a 50% paycut still does not seem like it would normally be something someone would accept or that an employer would expect to be accepted. There is also always Cobra.

If OP can afford COBRA, he can likely afford the $1000/mo...

 

[cbg]

A new job with a new employer COULD mean a gap. But it doesn't HAVE to.

 

[LdiJ]

I knew not with a transfer, but a new job.... based on experience...


If OP can afford COBRA, he can likely afford the $1000/mo...

I meant COBRA for the three month gap until new insurance would kick in if he got a new job with comparable pay.

 

[cbg]

Just want to reiterate - 90 days is the maximum waiting period allowed before health insurance starts with an employer; it is not a mandatory wait in all cases. Health insurance can, and often does, start on the first day of employment. Yes, COBRA is often available to fill the gap, but there is no certainty that there will be a gap at all.

And if this is a transfer, which it sounds like, there should be no gap at all. Even if the employee has to change to a different policy because of being in a different part of the country, the switch should be seamless. If it isn't, their Benefits office doesn't know what it's doing.

 

[stealth2]

And if this is a transfer, which it sounds like, there should be no gap at all. Even if the employee has to change to a different policy because of being in a different part of the country, the switch should be seamless. If it isn't, their Benefits office doesn't know what it's doing.

This part I assumed. I guess I was addressing LDi's comments on not accepting a transfer at a 50% pay cut.

 

[bcr229]

This part I assumed. I guess I was addressing LDi's comments on not accepting a transfer at a 50% pay cut.

Some parts of CA have a pretty high cost of living and OP indicated he's moving out of state. If the OP's new job location is in an area with a lower cost of living that may be why the employer is justifying the lower salary.

 

[Sweetieboots]

I would, without a doubt, consult an attorney ASAP.

Please understand that with regard to what follows, I am only "thinking aloud" as I do not know the answer to your question. Much, I think, will depend on the outlook for your son post-release. Will he be able to live independently? Or will it be more realistic/likely that he will either need to live with you/Mom/other adult or a halfway-type program? Will he be able to work/support himself? Depending on that situation (and the likely duration if it is at all a supervisory situation), it is not at all impossible that Mom will file for support continuing past the age of 18.

What, exactly, does your insurance cover? Room, board, medical care. What about clothing? Extras? Does insurance cover 100%?

Regarding current support - is it current support? Or are there any arrears involved? Was Mom/son on any type of state aid, which your payments are going towards repaying?

In terms of your chances....Remember that, until 18, Mom is required to provide (as CP) a place for your (joint) child, with the aid of your support. I strongly doubt that a judge will simply end your CS now (if you even get into court before he turns 18). However, given your involuntary income decrease, there is a possibility for a downward modification. Hence, my suggestion that you speak with a lawyer, bringing ALL of the details regarding your son's institutionalization, insurance coverage/payments, etc. S/He will be best able to advise you how to proceed.

Other than that, I wish your son the best in his ongoing recovery, as well as comforting thoughts to both you & Mom - our child's difficulties are always our own.

The new order was set in place, in December of last year, when my older son turned 18... At that time, my child support almost doubled. There mother receives SSI, MediCal for she and my sons,( although I have the top tier Kaiser program for both and all expenses are covered, except for co-pays), and she most likely has Cal-fresh benefits... I don’t know if this matters, but her husbands income is not taken into account is not reported for household income and he has no child to support. My son wants to live with my wife and I, upon his release, which we can accommodate once we relocate... We have been living in a 5th wheel trailer for almost five years, due to the financial strain that taxes and child support have placed on our income.

 

[Sweetieboots]

Just want to reiterate - 90 days is the maximum waiting period allowed before health insurance starts with an employer; it is not a mandatory wait in all cases. Health insurance can, and often does, start on the first day of employment. Yes, COBRA is often available to fill the gap, but there is no certainty that there will be a gap at all.

And if this is a transfer, which it sounds like, there should be no gap at all. Even if the employee has to change to a different policy because of being in a different part of the country, the switch should be seamless. If it isn't, their Benefits office doesn't know what it's doing.

The transfer is within the same company... Employed with them for almost twenty years. The move is to a state that will be financially advantageous, since the cost of living, here in California is 3x’s that of our relocation...