c_jane
Pooh-Bah
Reged: 04/06/07
Posts: 1754
Loc: In the Great State of Texas
|
|
[quote] Either way, one of you would have had to file for a modification to child support. And, depending on your state's guidelines, it may not have resulted in a change in the amount. In NJ, the change has to be more than 20% in either direction for the amount paid to be adjusted. Which means it wouldn't have mattered that he wasn't paying premiums anymore if you lived in NJ as the change would not have been over 20%. [/quote]
You don't consider going from $87/month to $0/month a change of 20% or more? Must be that New Math.
--------------------
John Constantine: God's a kid with an ant farm.... He's not planning anything.
|
gr8Dad
Carpal \'Tunnel
Reged: 06/07/04
Posts: 30199
|
|
How do we know that is what really happened, or are you just "having fun" and playing with us?
--------------------
Why give a "senior" discount, they have had plenty of time to raise the money...
|
Goodmom
Pooh-Bah
Reged: 06/17/07
Posts: 2015
|
|
[quote]You don't consider going from $87/month to $0/month a change of 20% or more? Must be that New Math. [/quote]
No, it's basic math, Ms. School Teacher. What is 20% of $780 (which is what you have stated you pay in child support at the time that you found out)?
Let me save you the trouble, it's $156. Guess what falls under the 20%? The decrease in the insurance premium.
Like I stated, in NJ, your child support would not have changed.
|
c_jane
Pooh-Bah
Reged: 04/06/07
Posts: 1754
Loc: In the Great State of Texas
|
|
Still doesn't apply since its stated as "NCP will pay CP $xyz, of which $87 is INCLUDED as REIMBURSEMENT of health insurance premiums paid by the CP ". In Texas it's considered a separate payment and can be altered at any time.
--------------------
John Constantine: God's a kid with an ant farm.... He's not planning anything.
|
Goodmom
Pooh-Bah
Reged: 06/17/07
Posts: 2015
|
|
[quote]In Texas it's considered a separate payment and can be altered at any time. [/quote]
Hence the reason that I stated the following:
And, depending on your state's guidelines, it may not have resulted in a change in the amount
As I stated, if you were in NJ, it would not have changed. In Texas, it does.
And still doesn't change the fact that you NEGLECTED TO ASK about the insurance premiums when your ex changed jobs. You overpaid because you made a choice not to ask. It is irrelevant that your ex didn't tell you. I'm sure that you wouldn't tell your ex if you were to get a substantial raise or switched jobs that included a substantial raise.
|
SRS
Pooh-Bah
Reged: 11/05/10
Posts: 2161
|
|
CJ -
You will always be the bad guy here. No matter what you try. No matter what you say. The same people, for the most part, give entirely different advice to a NCP SM.
Yes, btw, as a CP I have the responsbility to let my ex know when the kids health insurance changed when I changed jobs. I didn't because it wasn't worth it - it went up quite a bit. It isn't the NCP responsibility to ask.
|
Goodmom
Pooh-Bah
Reged: 06/17/07
Posts: 2015
|
|
[quote] It isn't the NCP responsibility to ask. [/quote]
It's the responsibility of BOTH parties to ask/inform. Of course, it isn't a legal requirement unless it's in the court order.
|
c_jane
Pooh-Bah
Reged: 04/06/07
Posts: 1754
Loc: In the Great State of Texas
|
|
[quote] I'm sure that you wouldn't tell your ex if you were to get a substantial raise or switched jobs that included a substantial raise. [/quote]
Since I've been in the same position for 22+ years, it's highly unlikely anything will change in the future.
Ex- told me in April that his company had stopped paying his premiums and now DS's portion was $66+/month. So HE didn't waste any time to inform me of that!
I pulled together all my documentation and copied it and wrote him a nice little letter saything that according to my calculations, I had OVERPAID him $522 back in '09 for the EXACT same thing, and he could use that overage to pay the premiums now. When that overage ran out, THEN we'd discuss it.
Let him bring it up in court. I have all the documentation. He's never VOLUNTEERED to refund me that money. It was NOT a gift -- it was SPECIFICALLY earmarked for 'health insurance premiums' that he WASN'T paying. Regardless of whose 'fault' it was, Exhole received $522 from ME that he was NOT entitled to. Bottom line.
--------------------
John Constantine: God's a kid with an ant farm.... He's not planning anything.
Edited by c_jane (06/10/12 11:13 AM)
|
Goodmom
Pooh-Bah
Reged: 06/17/07
Posts: 2015
|
|
[quote]I pulled together all my documentation and copied it and wrote him a nice little letter saything that according to my calculations, I had OVERPAID him $522 back in '09 for the EXACT same thing, and he could use that overage to pay the premiums now. When that overage ran out, THEN we'd discuss it.
Let him bring it up in court. I have all the documentation. He's never VOLUNTEERED to refund me that money. It was NOT a gift -- it was SPECIFICALLY earmarked for 'health insurance premiums' that he WASN'T paying. Regardless of whose 'fault' it was, Exhole received $522 from ME that he was NOT entitled to. Bottom line.
[/quote]
And the bottom line is that if he files for a modification (and apparently in Texas, he CAN regardless of the % of change), you will be ordered to pay it. Without a credit for what you consider an overpayment.
Whether or not he actually has to go to court to get this money is going to depend on Texas' guidelines. It may be as simple as submitting the paperwork showing the cost of the premium to the proper dept.
|
c_jane
Pooh-Bah
Reged: 04/06/07
Posts: 1754
Loc: In the Great State of Texas
|
|
Since I've already filed a motion because DS wants to live with me, Azzhole WILL probably bring it up in court. THEN I'll go by what the judge says. Azzhole has stolen and lied to me so much what's another few hundred?
--------------------
John Constantine: God's a kid with an ant farm.... He's not planning anything.
|
Previous
Index
Next
Threaded
[Re: 
Edit
Reply
Quote
