CTEXAS
recently joined
Reged: 06/02/11
Posts: 11
|
|
I have been divorced for a little over two years! In the divorce I received full custody and he gets standard visitation. He lives a long ways a way and in the beginning I would meet him half way. I knew he was having a hard time getting a new job so I didn't worry about him not paying child support at first.
Then he got a good job and he had another baby. When he comes to get his boys he always has new clothes and accessories and he even bought his girlfriend a new car. I stopped meeting him half way and he is throwing a fit. This is so frustrating because I have been so nice and I havn't been one of those women to threaten or to not let him see his kids. He also got on the cheapest insurance plan possible. Each of my sons has a $6,000 deductable and because they have insurance I can't qualify them for chip which is a low income insurance. However his insurance covers nothing until reaching the deductable. So on top of everything I pay all their medical and out of pocket.
What can I do? Can I force him to take them off that insurance? How can I make him help with medical bills? Is filing contempt even worth the money. He hasn't filed taxes in three years so I can't receive money from that either? I need advice!
|
ssmom79
Carpal \'Tunnel
Reged: 06/27/07
Posts: 7806
|
|
So why did you stop meeting him halfway? I would be unhappy if you'd agreed for two years to meet halfway and abruptly decided to stop. However, if it's not in the court order to meet halfway, then you are not obligated to do that.
Are you receiving support at all? Does he owe you any arrears?
I don't know what the wording of your court order is regarding insurance, but typically wording is that the parent is to cover them. If he is covering them, then no I do not believe you can force him to take them off so you can apply for low income insurance.
If he is currently ordered to pay for medical or a portion of medical, then I would push contempt for him not paying. You should be providing him with a copy of all bills with a request to pay. Then you should take those unanswered requests to the court as proof he is not paying.
|
CTEXAS
recently joined
Reged: 06/02/11
Posts: 11
|
|
He is $11,00 in arrears and no it is ordered he come to my house to pick up my kids. I was only trying to be nice by meeting him half way. I also didn't abruptly stop meeting him. I said it's been six months and you still havn't paid child support. I have made it clear that if would just start paying his child support that I would be more than willing to meet him. He is the one that chose to move far away anyways to be with his current girlfriend. He is also suppose to pay have of the medical expenses. Honestly it would be cheaper for him if he would take them off and let me put them on chip.
|
DedicatedDad
veteran
Reged: 09/05/04
Posts: 1318
|
|
I don't think you could get children's Medicaid if he is court ordered to have insurance. Your local CSE folks will want to see what your decree. It's the vagueness of the decree that is the problem. Beyond that, paying for insurance out of pocket is extremely expensive. He's probably paying at least several hundred a month for the poor coverage. Better coverage could be triple that.
|
Sherron
Carpal \'Tunnel
Reged: 11/25/06
Posts: 20177
|
|
"I don't think you could get children's Medicaid if he is court ordered to have insurance. "
This may vary from state to state, but this would be incorrect for where I live.
|
ssmom79
Carpal \'Tunnel
Reged: 06/27/07
Posts: 7806
|
|
I would move forward immediately with contempt charges for the support. I read in another post you didn't have all the backup for medical. Start keeping that, make sure you submit them to him for payment and keep any receipts of payment and of mailing them to him.
If he is court ordered to drive and you no longer want to drive you have that right.
I don't know how your state works in regards to insurance requirements. Have you asked him to remove them from the policy? Why would he refuse if they could get better coverage at no cost to him?
|
DedicatedDad
veteran
Reged: 09/05/04
Posts: 1318
|
|
In my state, the kid's insurance from the state is 100% dependent on the CP's household income, so it would be moot here anyway. If the CP did qualify, the state medical becomes the secondary insurance.
|
Cassie23
Carpal \'Tunnel
Reged: 10/07/05
Posts: 14714
|
|
"I don't think you could get children's Medicaid if he is court ordered to have insurance. "
This may vary from state to state, but this would be incorrect for where I live.
--------------------
The OP mentioned "chip" which to me sounds like a state funded program, Medicaid is a federal funded program and would not vary state to state. In NY- we have something called "Child Health Plus" and you DO NOT qualify if the child(ren) in question have any existing insurance.
I think the BIGGEST question here is WHAT DOES the CO state? What does the CO state in regards to visitation? Transportation? Costs associated with both? Is it CO'ed that he pay a certain percentage of uncovered medical and dental?
If he is $11k behind in CS I would seek help from your local CSEU to obtain CS on a regular basis. If he has a job, no reason why CS cannot be garnished from his wages- current and arrears.
As for transportation if there is NOTHING in the CO then didn't YOU start a "status quo" by meeting your X halfway?
|
Sherron
Carpal \'Tunnel
Reged: 11/25/06
Posts: 20177
|
|
"The OP mentioned "chip" which to me sounds like a state funded program, Medicaid is a federal funded program and would not vary state to state. In NY- we have something called "Child Health Plus" and you DO NOT qualify if the child(ren) in question have any existing insurance."
All I know is that in my state, you can receive Medicaid and the Children's Health Insurance Program regardless of whether or not the recipient has private health insurance, or if there is a co for private health insurance to be carried.
It may be worth it for the OP to check with her local office to see if an order for health insurance would affect the children's eligibility for the program in her area. Otherwise, maybe her employer offers insurance she can put the children on in addition to the one they already have. Things may be tight, since she mentioned low income insurance, but depending on the children's medical needs, it could be cheaper to spend money on monthly premiums for the additional coverage.
|
CTEXAS
recently joined
Reged: 06/02/11
Posts: 11
|
|
Here you can do chip even if it is court ordered for him to have insurance. However; no I can't qualify them as long as he does have them insured. What is so weird about it all is that he did get a good job and the money was being taken directly out of his checks, but then it just stopped. He is still working at the same place because I have checked. The other problem is that I live in Texas and he lives in New Mexico. Texas has to go through New Mexico to get anything done. I just wasn't sure if filing contempt would be worth the money it would cost to actually have it done.
I did start the thing with the meeting half way and recently I moved 2 hours further away and I have agreed to continue to at least drive that 2 hours that I moved for him to have the kids. I do not keep my kids from their father because that wouldn't be fair to them, but all I want is for him to pay his part and outside of calling the Attorney Generals office I don't know what to do. I'm thinking of doing the contempt and does anyone know if I can actually contact the State of New Mexico directly or do I have to only deal with Texas?
Also I do appreciate the advice from everyone on here. I'm the only one of my friends to have gone through this so I have so many questions and I want to do what is right, but I don't want to be railroaded over either.
|
Previous
Index
Next
Threaded
Edit
Reply
Quote
