Question about insurance

[starting over]

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

I am requesting a review of my children's child support and have a question about the insurance. My ex carries insurance on the children, but also insures his new wife and her (not his) 4 children as well. Since there is no additional charge to insure 1 or 15 children with his insurance (family plan) how much credit will he be able to claim for the insurance. If I know him, he will give them the dollar amount for the entire coverage instead of any breakdown.

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

 

[Gracie3787]

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

I am requesting a review of my children's child support and have a question about the insurance. My ex carries insurance on the children, but also insures his new wife and her (not his) 4 children as well. Since there is no additional charge to insure 1 or 15 children with his insurance (family plan) how much credit will he be able to claim for the insurance. If I know him, he will give them the dollar amount for the entire coverage instead of any breakdown.

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

Take the total that is charged for childrens' coverage, then divide it by the number of children covered to come up with a "per child" cost. For example- you have 2 children and there are 4 other children. Take the total and divide by 6, then times that by your 2 to come up with an amount that is only for your children.

 

[starting over]

Thank you

That makes sense and is fair. I just wasn't sure how that was typically handled.

 

[qurice]

Check specifically with your state to be sure, but what Gracie posted is most likely how it's done.

My guess is there would not be much of a credit with that many dependants.

 

[starting over]

Check specifically with your state to be sure, but what Gracie posted is most likely how it's done.

My guess is there would not be much of a credit with that many dependants.

I have a call into the child support division that handles the case. I will clarify with her how they handle this type of situation here. If they do handle the way Gracie stated, I will make sure the worker "questions" the figures she receives from him. I just don't want him to be able to offset his obligation to his children due to the other children he chooses to insure.

Thanks for your help

 

[Gracie3787]

I have a call into the child support division that handles the case. I will clarify with her how they handle this type of situation here. If they do handle the way Gracie stated, I will make sure the worker "questions" the figures she receives from him. I just don't want him to be able to offset his obligation to his children due to the other children he chooses to insure.

Thanks for your help

Hopefully your state's CSE will do that. In FL, my hubby's ex tried to have him pay all of the premium by always saying "the cost is the same for 2 or 20 children". She was quite upset when the CSE and the Judge informed her of how it must be done, he was only charged the amount for his 2 kids.

 

[starting over]

Yep, you were right

I just got off the phone with the child support division, they will proportion the insurance as you said. She told me that when they send the request to the employer, they will also ask how many are insured & do the math from there. Just wanted to update. Thanks for your help.

 

[Gracie3787]

I just got off the phone with the child support division, they will proportion the insurance as you said. She told me that when they send the request to the employer, they will also ask how many are insured & do the math from there. Just wanted to update. Thanks for your help.

I'm glad it worked out for you.

 

[starting over]

Another question

I just came from a meeting with the caseworker, she told me that there would have to be an increase/decrease of 15% for there to be a difference in the child support (Kentucky guidelines) Im o.k. with that.

She told me that if there is an increase, my ex would have to voluntarily sign the order. If he refused, then they would have to file a UISSA petition and that could take a year (I live in Kentucky, he lives in Maryland) I was hoping someone could provide a layman explanation of this & why it takes so long.

She also stated the increase, if it happens, would only be retroactive to the date of filing of the UISSA, not the date he was presented the order.

I am also having them enforce unpaid medical, didn't know until today that they handled that as well. Last time I asked, I was told I had to file a civil suit. So, I presented her with this years unreimbursed medical. Hopefully, they will get more of a response from him than I did.

Have a feeling that Im going to get some ugly phone calls soon, but I wasn't on his Christmas card list anyway

 

[starting over]

Question about UIFSA

After my last post, and researching I realized that I was informed incorrectly. The case worker was speaking of UIFSA, not UISSA (not encouraging she even spelled it for me even though she didn't know what it stood for)

From my research, It appears that Kentucky can avoid the two-state process and use the "long-arm" rule to serve him. I sent the caseworker this information in an email.

UIFSA allows a State to avoid a "two-state" process and serve the individual directly if one or more (long-arm) circumstances exist in the case

407.5201 Basis for jurisdiction over nonresident.
In a proceeding to establish, enforce, or modify a support order or to determine parentage,
a tribunal of this state may exercise personal jurisdiction over a nonresident individual or
the individual's guardian or conservator if:
(2) The individual submits to the jurisdiction of this state by consent, by entering a
general appearance, or by filing a responsive pleading having the effect of waiving
any contest to personal jurisdiction;
(5) The child resides in this state as a result of the acts or directives of the individual;


407.5205 Continuing, exclusive jurisdiction.
(1) A tribunal of this state issuing a support order consistent with the law of this state
has continuing, exclusive jurisdiction over a child support order:
(a) As long as this state remains the residence of the obligor, the individual
obligee, or the child for whose benefit the support order is issued; or

My position is, since he signed the divorce/custody/child support order and agreed that Kentucky had jurisdiction. Kentucky had Continuing, exclusive jurisdiction, neither of us has moved since this. He also is the one that TOLD me to move here with the children, when we separated.

I received an email back from the worker stating that she had "considered" using the long arm rule, but since the children were not born in Kentucky she couldn't

Did I miss something? According to what I read, the "born in" rule is one of 8 of the criteria for using the long arm, but not the only one. Can someone please help?

 

[starting over]

Update and need some advice

Since my last posting, I have provided various documentation as requested by the worker. My youngest child was covered under a program called the 4C's, basically this is child care assistance from the state. The coverage was provided due to a problem I was having with my oldest son & was done to help out with an unexpected situation, I was not qualified under income guidelines. This coverage was only for 6 months, just to help an immediate situation only.

I disclosed this to the worker and told her that the end of this month, that assistance would terminate. I told her that my son is remaining in the daycare, but wanted to know what I needed to do to include the amount I would be paying once the assistance terminates. She instructed me to cancel his 4C's immediately or she could not consider in the modification, I did as requested.

Today, I went to her office with the documentation that I am now paying daycare out of pocket. I asked her where she was with the case. She replied that "I havent done anything yet" I was shocked, it has been 2 months She has not even requested my ex's financial information

I was not very happy & relayed as much to her. She assured me that she would start this tomorrow and would contact me. I also informed her that I believed that she was incorrect regarding UIFSA and she said well "so & so told me that is how it works" I told her that maybe she should research as I did. When I gave her the receipts for daycare, I told her the 4C's had been cancelled, she asked why would you do that? I said because you told me to do it immediately to be able to include. So I have paid $160.00 so far that would have otherwise been covered

What can I do if this worker drops the ball again? She is already stating that it can be a year for modification & it is not retro. I don't believe her understanding of UIFSA is accurate or am I totally off base in my interpretation?

My oldest son is 17 & by the time this goes through, it will be a mute point. Sorry so long, any advice would be greatly appreciated.