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Child Support Issues!

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4children

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

Hope, I'm putting this in the right place.
My ex have Health Insurance on Our kids. We had and oral agreement that he will pay all their Medical Bills. And the last two years Daycare Cost, in exchange for him not paying CS. Well, in the last two years, I've been taking the kids to Doctor appointments, and paying the majority of their Doctor and Prescription Co-pays. (Which, isn't and issue.) I felt Dad shouldn't have to do it all, especially since I was already there.

I have two Concerns:

1. Found out today, one of the kids need eye glasses. Dad suggested that I pay half the cost. Which, I don't want to be petty about this. In Feb. 09 I filed for CS. (And, I know this is why Dad is asking for half of child eye glass cost.) Some of you may remember the issues I had with it. Dad lied about his income, and got credit for his girlfriend child. Really, reducing Our own kids CS amount to me.

Q: Without a Court Order, am I under obligation to pay half of the cost of the eye glasses.

Q:And, how much time can go by before I file for Contempt of CS. (He has paid for one month.) Which, the CO state, CS should be paid on the 1st of the month. Dad states that he can't pay on the 1st of the month. That he has to pay his Mortgage and other bills. He's going into two months behind.

Q: We have another Custody date in a few more months. Would it be best to just wait until the Custody date and show proof of Dad being late paying his CS.

Any advice will be appreciated.
 
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Ohiogal

Queen Bee
1. Found out today, one of the kids need eye glasses. Dad suggested that I pay half the cost. Which, I don't want to be petty about this. In Feb. 09 I filed for CS. (And, I know this is why Dad is asking for half of child eye glass cost.) Some of you may remember the issues I had with it. Dad lied about his income, and got credit for his girlfriend child. Really, reducing Our own kids CS amount to me.

Q: Without a Court Order, am I under obligation to pay half of the cost of the eye glasses.
Without a court order YOU are obligated to pay ALL OF THE COST OF THE EYE GLASSES AS YOU ARE THE CUSTODIAL PARENT. Especially if you are taking them to get glasses.


Q:And, how much time can go by before I file for Contempt of CS. (He has paid for one month.) Which, the CO state, CS should be paid on the 1st of the month. Dad states that he can't pay on the 1st of the month. That he has to pay his Mortgage and other bills. He's going into two months behind.
Give it a rest for now. Child support is due on the first however most jurisdictions give dad until the end of the month to pay that month's support.


Q: We have another Custody date in a few more months. Would it be best to just wait until the Custody date and show proof of Dad being late paying his CS.

Yes. File to have it heard then.
 

4children

Member
Without a court order YOU are obligated to pay ALL OF THE COST OF THE EYE GLASSES AS YOU ARE THE CUSTODIAL PARENT. Especially if you are taking them to get glasses.

Thanks Ohiogal,

Response: Dad took daughter to get glasses. As he say, The cost is $320.00 and she's only 7 years old. The same price as Dads. Everything is expensive today I know. I agree she does need them very much, (glasses). I will do what I can to make it happen.



Give it a rest for now. Child support is due on the first however most jurisdictions give dad until the end of the month to pay that month's support.

Response: OK, Will do that.


Yes. File to have it heard then.
Response: OK
 

Ohiogal

Queen Bee
How did they let him get the glasses out of the store without him paying for them? IN which case the answer changes. YOU are not obligated to reimburse him a dime. HE BOUGHT THEM. Without a court order to pay medical expenses, you each pay that which is incurred until said order. I reverse my former answer. I thought YOU took child to get glasses using dad's insurance.
 

4children

Member
How did they let him get the glasses out of the store without him paying for them?

Res: I haven't spoken to Dad since he notified me of the cost of the glasses. Our daughter didn't come home with glasses as I expected. I will talk to Dad when he pick kids up on Monday morning about his intentions. (He may be waiting to see how I'm going to reimburse him.) I know she needs them now. And, will definitely help with her reading.

--IN which case the answer changes. YOU are not obligated to reimburse him a dime. HE BOUGHT THEM.

Res: I'm not sure if he bought them yet. I don't like asking kids to many questions reguarding things going on between Dad and I. Daughter did say, she tried some on. And, I left it at that. Couldn't figure out rather Dad is keeping them at his home for now or not. He has done this kind of thing before. I don't stress it. And, go out and buy things for my place as well.


--Without a court order to pay medical expenses, you each pay that which is incurred until said order. I reverse my former answer. I thought YOU took child to get glasses using dad's insurance.
Res: This is all new to me. Dad usually don't ask me to reimburse him for anything concerning the kids. I would do it myself, if I had the extra cash which was alot. Even though he'll never admit it. But, I have the documentation. And, he'll see, when I present it in Court. I felt it was being considerate, with the kids being mine as well. With Dad asking me to do it now, I feel is because of the CS. And, it's $221.97 a month for two kids. Don't get me wrong. That's better than what I've recieved over the years. His comment to the Judge is why does he have to pay me anything. My thing is. After almost eight years Dad hasn't been ordered to pay Child Support. Which was my fault entirely. But anyway,

I suggest to Dad that we should both sit down. (not together though) And, write down what both of us want to support Our Children, and present it to the Judge on Our next Custody date. We may or may not come in agreement. Especially, with the outcome of who gets Primary Custody. But, everything will be Court Ordered. Dad likes to dictate when he is angry with me. And with that said, if I (mom) get Primary Custody and have to pay for everything. At least it want be and oral agreement anymore. And there will be no surprises.
 

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