Non-custodial parent is married and won't pay enough to support child

[nogooddad]

What is the name of your state? Colorado I need advise because I am going into court in 2 weeks for modification of support. My question is. Original case I recieved 200.00 a month plus health insurance. That was agreed upon between both parents. My son's monthly expenses are 940.00, (diapers, formula, doctors, etc.)just to get by. But do I deserve to get at least 1/2 of what I'm spending on him(470.00)plus health insurance. Do I have to prove this with reciepts? Noncustodial parent is not paying health insurance at this time, his wife is. Can I keep it that way? Can they do that? Am I entittled to her money too? I need more money than 200.00 to support my son, and I don't want to look like a fool in court again. Please help!!!!!

 

[Roscleo]

The wifes money cannot be used to figure out child support. Child support is based on the income of the NCP if that is all the court orders him to pay because of his income then no you can't get more money and your reciepts will do you no good in court other than to show you are helping to financially support your child.

 

[nogooddad]

Roscleo,

The amount agreed upon in court last time was not based on his income, and the court orderd him to pay for health insurance. He's NOT his wife IS. Can his wife pay for the insurance, and if so then why can't I get the amount needed to support my son?. I know that support is based on income, but in my paper work it says "combined household income" isn't that her income too? If he's not paying the health insurance and she is can I keep it that way, and ask for more money. I am not money hungry, just exhausted with the fact that they live in a new house and I'm struggling to feed my son, let alone myself!!!!! Help Me Please> I've tried to contact lawyers, they won't help! I've applied for public assistance and because of the 200.00 a month they won't help either. I need to do something so that I'm not played like a fool this time. What are my options???

 

[nailtech]

so the wife is helping with the insurance if its cheaper and better insurance I would leave it alone.... does he pay the support according to his income? you can NOT get CS from his wifes income(her income does not count).... if his insurance is worse then you might be paying more for what the insurance is not covering they might be going with hers because of smaller premiums and in my experience that means better coverage and less out of your pocket.......

I beleive the term "combined household income" means yours and his...... to support the child......

 

[dottkanga]

nogooddad

Roscleo,

The amount agreed upon in court last time was not based on his income, and the court orderd him to pay for health insurance. He's NOT his wife IS. Can his wife pay for the insurance, and if so then why can't I get the amount needed to support my son?. I know that support is based on income, but in my paper work it says "combined household income" isn't that her income too? If he's not paying the health insurance and she is can I keep it that way, and ask for more money. I am not money hungry, just exhausted with the fact that they live in a new house and I'm struggling to feed my son, let alone myself!!!!! Help Me Please> I've tried to contact lawyers, they won't help! I've applied for public assistance and because of the 200.00 a month they won't help either. I need to do something so that I'm not played like a fool this time. What are my options???

If you have heath ins. please be happy for that, most people don't even get that much. Combind household income is yours and his income together, not him and his wifes. When you go to the hearing make sure they take your income and his and order the amount by that. They will minus the amount of the heath ins. thats how they do it here in ohio anyway. In ohio they take 17% per child from his gross income. I hope you can get more. good luck.

 

[nogooddad]

the support was not based off of his income, he makes enough to carry that 470.00 that i want to ask for, but i don't know how to prove his monthly income, and from my papers i guess i'm entittled to 30%, is that correct?

i don't know if her insurance is better, but is it legal for NCP that was orderd to pay health insurance, have S/O pay it for him? and if so can i keep it that way and still increse support?

My other concern is that we all have a long, not so great history together and now NCP's s/o is pregnant. will that effect the amount his first child recieves for support once their baby is born? can he use that as an excuse not to pay?

 

[CMSC]

Roscleo,

The amount agreed upon in court last time was not based on his income, and the court orderd him to pay for health insurance. He's NOT his wife IS. Can his wife pay for the insurance, and if so then why can't I get the amount needed to support my son?. I know that support is based on income, but in my paper work it says "combined household income" isn't that her income too? If he's not paying the health insurance and she is can I keep it that way, and ask for more money. I am not money hungry, just exhausted with the fact that they live in a new house and I'm struggling to feed my son, let alone myself!!!!! Help Me Please> I've tried to contact lawyers, they won't help! I've applied for public assistance and because of the 200.00 a month they won't help either. I need to do something so that I'm not played like a fool this time. What are my options???

what county in colorado are you in and I will see what I can do to help point you in the right direction. Also when was the first order established?

 

[dottkanga]

the support was not based off of his income, he makes enough to carry that 470.00 that i want to ask for, but i don't know how to prove his monthly income, and from my papers i guess i'm entittled to 30%, is that correct?

i don't know if her insurance is better, but is it legal for NCP that was orderd to pay health insurance, have S/O pay it for him? and if so can i keep it that way and still increse support?

My other concern is that we all have a long, not so great history together and now NCP's s/o is pregnant. will that effect the amount his first child recieves for support once their baby is born? can he use that as an excuse not to pay?

Yes you can keep ins. and get an increace. Child support should ask him and you for w-2's for past 3 years plus paystubs to proove how much he makes. The new baby will take off about $2700. or $2800. off off his income per year, so should not make that much of a change.

 

[nailtech]

he has to pay regardless of how many children he fathers...... if he takes you to court for reduction of support it could backfire on him. it could actually go up...... will they not make him bring in his tax returns for previous years to show how much he is actually making??...

as far as the insurance,... if she is carrying the child on her job insurance, beleive me its cheaper and probably better insurance...their looking for a cheaper way out, if his company has a fly by night insurance the higher the premium the less they tend to pay, does she work for a bigger company then he does.....??
my ex is suppose to pay insurance on my boys, but my husband can get it cheaper and has way better coverage.... so we pay the insurance.. he's suppose to pay us back for the premium,. but just knowing the boys have better coverage we dont press the issue, my husband pays 40.00 a month for two kids, ex was paying 130.00 a week for two kids. and it didnt cover chit.. see what I'm talking about??? in the long run we save money cause if they get sick, our insurance will pay better and it will be less out of pocket for us....

 

[nogooddad]

dottkanga:

okay, i already understand that i cannot get her income, but say he didn't pay support all year would i get their taxes?

i am very greatful for the health insurance, and for the fact that i'm even getting the support at all. but, because my job doesn't carry insurance dad agreed to pay to insure our child, and i don't think that he can take the insurance away because my son has a heart condition that basicall requires that type of insurace from here on out. will the judge stand by that medical reason?

What i'm saying is can i keep it the way it is? will the judge see that NCP is not paying for the insurance his wife is, it's her health insurance from her job, not his. is that legal for her to insure a child that is not her's and not in her custody?
(i know i might sound silly asking these questions but i really don't know)
will the judge make NCP pay for insurance through his job? will we loose the insurace we already have and be put on NCP's?

 

[nogooddad]

i am in the denver county court division

 

[nailtech]

that is her step child, just like its my husbands step child, she can cover the child legally because their married....... why are you insistant on him carrying the child on his insurance?? the child is covered..... be grateful.... if he gets sick, your covered.... are you actually wanting him to pay more for the coverage then she is paying?? cause beleive me you will have less coverage and when the bill is not paid, your stuck with the remainder to pay.... if you feel it necessary call the IRS and have his return "RED FLAGGED".... they will send you the return if your intitled to it....

 

[nogooddad]

denver county court case first went to court on 2/22/02 and due to go back to court on 7/18/02.

to reply to others: i don;t think she works for a "bigger company" but i know she gets paid 2x's as much as he does and everything is in her name, (car, house, etc.) she's paying all the bills and he won't even agree to 470.00 a month.

i am greatful for the insurance, but i don't know what the premium is. i do know that i have 8,943.00 cardiology bill right now that this great insurace won't pay for!!

 

[nailtech]

is he not responsible for 1/2 of what the insurance does not cover??.. if not thats where your fight should be for now...... JMO.......

i do know that i have 8,943.00 cardiology bill right now that this great insurace won't pay for!!

guess it depend on what the actual bill was to know if you got screwed or not....??

 

[nogooddad]

i am not being insistant that he pay, i just don't want to go back to court and have no insurance in the end. i am greatful for the coverage, but i just dont want things to go bad in court this time around. he is not very happy with me right now and neither is she. but i just want to know if this is even going to be worth it. i don't want the insurance to be an issue. i really just wanted to know what and how much i am entitled to. i already know that the visitation will change and they want to go for full custody. but i know that's really not going to happen. it's the support that i need to be cahnged not the insurance. i just was concerned that the judge would see that he is not covering my son and order him to do so. but yes the child does have insurance and i am very greatful for that.

i guess some people can relate and some cant. i work 64 hours a week. i pay rent i pay for diapers, clothes, day care, transportation, food, medication, doctor's visits etc. i am his sole provider and 200.00 a month doesn't cover s***. i wasn'y being smart last time around and there were alot of other aspects that i don't want to go into detail with. i can promise you that this next court date will get real ugly and i don't want to walk out wihtout my any support, insurance, or child for that matter. i just needed some advise on how to approach this from a BM's prospective and cover my a** this time around