Support Arrears/Med. Ins./

[TxMsLady]

Support Arrears/Med. Ins./ Atty. Gen. Nightmare

TX

I divorced in '95 and my ex has paid child support through the Dist. Clerk's office. He's never provided medical insurance. In the Divorce Decree, I stated that I would take care of all medical expenses & med. insurance for our 3 children and all unpaid medical expenses because my ex was irresponsible and wouldn't keep a job for very long.

For 15 months, he did agree to pay $100 more a month to help pay for medical insurance for them. Then he remarried and that mysteriously stopped. He did continue sending monthly support through the court, though some became later and later and on into the next month many times.

Last year, he paid maybe every other month at best. I sent him a certified, restricted letter telling him to pay the arrears or I would take further action.....NO response.

In Sept. of '04, I applied for the services of the Atty. Gen. First, they tell me that he has a "credit" because the $100 a month he paid years previously went towards "child support". arrrgghh...OK...I accept that. But as of last Dec., he was still 3 months behind. This year, he is at least another 3 months behind. The months child support was recieved, it was always 1-3 weeks short in the amount. He job hops (this is his 5th job since last Sept.), and with each letter from the Atty. Gen office notifying me, they have checked that he is NOT 12 weeks in arrears. THEN there's the Medical ins. issue...the kids are on my husband's ins. My ex is being hounded by the Atty. Gen. to provide it and he's wanting to put them on some petty internet ins. that would terminate anything the kids have now.

I'm sure there will be a court date to modify the orders. I not only want him to pay his arrears, but I feel he should help in 1/2 the medical expenses. Do I need to get a lawyer before this court date? I just don't know what to ask for...Contempt of court? Can I recover the $1500 that was paid in the past per our agreement for med. insurance?

I apologize this is so long. I didn't have two pennys to rub together in '95 when I divorced, or I would have had a lawyer involved from the get go. Thank you for any advice.

 

[NotSoNew]

was this agreement for 100 extra a month for health insurance verbal?

if so then you cant recover that amount.

i would just get the order changed that you provide the medical coverage, then it would recalculate his CS (well you would have to file to have CS recalculated) based upon you providing the coverage.

"I'm sure there will be a court date to modify the orders."

Why are you sure? Did you file for it? Did ex? Someone has to file for it, and I suggest you file to change to orders. Yes you can file for contempt too since he never provided insurance as the orders say he has to.

 

[betterthanher]

TX

I divorced in '95 and my ex has paid child support through the Dist. Clerk's office. He's never provided medical insurance. In the Divorce Decree, I stated that I would take care of all medical expenses & med. insurance for our 3 children and all unpaid medical expenses because my ex was irresponsible and wouldn't keep a job for very long.

For 15 months, he did agree to pay $100 more a month to help pay for medical insurance for them. Then he remarried and that mysteriously stopped. He did continue sending monthly support through the court, though some became later and later and on into the next month many times.

Last year, he paid maybe every other month at best. I sent him a certified, restricted letter telling him to pay the arrears or I would take further action.....NO response.

In Sept. of '04, I applied for the services of the Atty. Gen. First, they tell me that he has a "credit" because the $100 a month he paid years previously went towards "child support". arrrgghh...OK...I accept that. But as of last Dec., he was still 3 months behind. This year, he is at least another 3 months behind. The months child support was recieved, it was always 1-3 weeks short in the amount. He job hops (this is his 5th job since last Sept.), and with each letter from the Atty. Gen office notifying me, they have checked that he is NOT 12 weeks in arrears. THEN there's the Medical ins. issue...the kids are on my husband's ins. My ex is being hounded by the Atty. Gen. to provide it and he's wanting to put them on some petty internet ins. that would terminate anything the kids have now.

I'm sure there will be a court date to modify the orders.

You're sure?! Did anyone file or do you expect this to magically happen?

I not only want him to pay his arrears, but I feel he should help in 1/2 the medical expenses.

Then you should request it.

Do I need to get a lawyer before this court date?

It's up to you. You'll most likely be held responsible for those charges.

I just don't know what to ask for...Contempt of court? Can I recover the $1500 that was paid in the past per our agreement for med. insurance?

Well if you don't even know what direction to turn, maybe you should get a lawyer. If this agreement was not signed by a Judge, it means nothing. Only what's in the order signed by a Judge matters.

 

[TxMsLady]

Thanks for the replies. I realize there is no way to fully explain the situation without it turning into a book. My bad...and yes...there will be a court date since the Atty. Gen. office is filing for one to modify the orders (which was signed by a judge). Incidently, the remark of did I expect it to "magically happen" was sarcastic.

I spoke with the Atty. Gen. office again today after posting this, and it's agreed that I really need a lawyer since there are so many issues. The woman at the Atty. Gen. office was most helpful and saw what a deadbeat my ex is and how he changes jobs more often than his underwear, and how he is in arrears big time.

Yes...the $100 was a verbal agreement, so I see that I can probably not expect that recovered. We will see. I will be requesting the 1/2 of medical expenses in court. When I said I didn't "know" what to ask for, I meant that I didn't know the law lingo/jargon. Thanks, I'll let a lawyer handle it from here.

 

[Inquiry123]

Tx:

Just a couple of thoughts, if you don't mind.

When the AG's office was handling this "administratively", any additional payment beyond the ordered support amount ($100/mo.) would be applied toward the total amount of BASE child support as stipulated by the order. They don't get into any agreements beyond what's contained in the order. You already know that, I know.

However, if you are going to pursue this in court, you (or your att'y) should attempt to have your ex acknowledge the agreement (an additional $100 for med. ins. costs.) What could it hurt...on any given day, the judge might just buy it.

On the other hand, if you agreed to handle the insurance in the original decree, his support amount might reflect THAT agreement wherein his extra $100 might be credited to the base support amount outstanding. In TX, the NCP is responsible for handling medical ins...you could have provided it yourself even if you hadn't "agreed" to it in the order.

Also, you should request to have the court costs (and att'y fees, if you use one) included in the judgement.

A couple of downsides to this. There is the possiblility that your ex could actually have his support amount LOWERED (depending on the original judgement and his current income.) After arrears are paid, you could be getting less -- not likely, but possible. Also, this may be like trying to get more blood out of a turnip -- after it's all done, what can you expect to walk away with? Based on your ex's work hx as you describe it, the idea that he's even paid somewhat regularly might be a surprise to most. Good luck in court.

 

[TxMsLady]

Thank you Inquiry123

I really appreciate your input. The verbal agreement and payments regarding the $100 extra was made in 1997-1998. I didn't seek services from the Atty. Gen. office until the Fall of last year, so I wasn't aware of this being applied to his base if it went through the Dist. Clerks's office in the past. I do now! I'll talk to my lawyer and see what can be done if anything.

I knew the lawyer would be an expense that I would have and that he would be responsible for the court fees....are you saying in court I could ask for him to be liable for atty. fees also? I'm not one of these blood-sucker ex's. Only one that wants him to take on his responsibilities for the next 3 yrs for our last child at home. (He doesn't even know his dad, because his dad has never put out the effort...and his 15. It's sad for all these kids that have to go through this. Sometimes when there's entirely too much dysfunction and abuse, the best thing is for the kids to be out of it.) If anything, I was one of these exwives, that no matter how abusive the man was in our marriage, I always felt sorry for him and would give him money for the kids to eat when they were younger and he'd pick them up for the weekend. He had no AC, lived in a shack...no curtains on windows for my daughters privacy...heck...I gave him things to help. Even handed back a total child support check since he whined that he had so many bills and told him to get caught up on them....only for him to bring the kids back after a weekend and say that he just bought a brand new TV with it! He's irresponsible...arrogantly so!

On the lower amount of child support, I realize that my ex will cry for it to be lower. I figure "what the hay"....1/2 the time I get nothing anyways! He has proved over the last 10 yrs that he is capable of paying the child support amount set out in the orders. He's not dumb...he has a degree as a Draftsman, knows AutoCAD, and does work under the table. A preacher to boot! (big laugh) He's plenty capable of paying his support. Though now he's switched to a lower paying job, can I argue that he is more than capable of paying what he's been obligated to in the decree? How likely is it that it will remain? Our other two children are grown now. One is in the Army...(82nd Airborne...HOOAH!), and the other is in college...she is 22, yet has a mental disability and is dependent on us for her survival. Like I said...lots of issues here.

Thanks again.