• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

How do I enforce health payments for child?

  • Thread starter Thread starter MamaTrue
  • Start date Start date

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

M

MamaTrue

Guest
I live in CA and so does my ex husband. Right now child support hearings are being conducted. He is trying to modify CS because his job changed I guess. I have health insurance for our child through my work. Does that mean that he won't have to provide any insurance through his work? Won't the judge make him pay half of all uncovered medical and dental expenses then? How does that work? Do I just send him the bill and he sends payments for half to me? Does the doctor bill him half? If I pay the whole bill and he doesn't send me his half, can I somehow force him to pay? Will the court force him to pay? If he doesn't pay do I have to take him back to court every time? Will it become part of his arrears if he doesn't pay? Sorry, I know it's a lot of questions. Thanks, though.

Also, is there a way that the court can track whenever he gets a new job? I have a feeling he may be hiding some jobs from me. How do the courts deal with that? Do they automatically know when he gets a new job or do I just have to take him at his word? Just curious. Thanks.
 


D

DChristian112

Guest
Is there a child support order out?
When I went for child support and went to court I requested that he pay half of all spending son our daughter through out the pregnancy, the start up cost or having a child. i also requested that he pay for child care costs and medical costs. In most cases, in my state anyway (MN) if the father is offered medical insurance and it covers 50% or more of the cost, he must take it and cover his child. This being because if the mother has sole custody, receives child support and child care costs, she is not receiving th equal half it costs to raise a child, the father only pays up to in most cases 20% (but check the guidelines for your state).
When you go to court for his changes, request that he cover the child through medical insurance if he is offered, other wise, request that he pay half or a set percentage not covered by medical insurance and usually the courts will grant that relief. But check with an attorney and with your state guidlines.On the note of more than one job. In my case, I my ex has three jobs, but he can only call one his primary job, and if so, and your ex does as well, child support can only be collected from one job. Again check with your state guidlines, as I am in Minnesota. Also consult an attorney as well.
Hope it helps,
Danielle
 

Ambr

Senior Member
Does that mean that he won't have to provide any insurance through his work? </b>

if the children are covered on your health insurance at work it isn't necessary for him to obtain coverage also. be sure that you mention you are the one providing the coverage. you should get credited for that when they are setting a new support amount.

<b>Won't the judge make him pay half of all uncovered medical and dental expenses then? </b>

a judge can order him to pay half of all uncovered medical expenses. the problem is getting him to do it. i have had similiar situations like this.

when you get the bill, if you pay your half and then submit a copy of the bill to him along with proof that you paid your 1/2. then you are stuck waiting to see if he pays it. if he does, great! if he doesn't, then you are stuck with the bill.

this is someone that you want to keep taking your child to, which mean you have to pay the balance of the bill. if you have to do this - there are two ways that you can go about it. the first, keep track of everything that you spend. take him back to court for contempt and request payment. you can file the motions yourself. it is basically cut and dry - he was suppose to pay and didn't. he would have to show proof that he paid the bill. not alot to it. the second, i have done successfully - although a couple of other people told me there should have been no way that it was allowed, that it was a family court matter. but...i did it. i took a copy of the judgement stating he had to pay his half. along with copies of the bills and proof that i had paid all of the bills. i took him to small claims court. i have done this twice and won both times. there was a very small filing fee and no attorney fees. he still refused to pay me the money. i took it to the court house and had a garnishment placed on his paycheck.

<b>Will it become part of his arrears if he doesn't pay? </b>

i don't know about california but in my case, no. i was informed that CS and the medical support were to seperate issues.

<b>Also, is there a way that the court can track whenever he gets a new job? </b>

child support enforcement can track that information. they have a parent locator system that is pretty good. i understand that california uses the DA's office though and that they are really throughly covered up. it might not be as easy for them to do it.

<b>I have a feeling he may be hiding some jobs from me. How do the courts deal with that? </b>

if you have proof of his employment, present it during your case. let the case worker know that you believe he is being dishonest and hiding some things. just be sure that you have proof. they don't want to hear accusations and opinions.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top