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#150811 - 10/04/06 01:48 AM What should I do? Maury
Susanf31 Offline
Carpal \'Tunnel

Registered: 06/02/05
Posts: 10630
My CO states that medical expenses are to be split equally. I can't believe it says that and I can't believe I agreed to it! It was never an issue before because our income was roughly equal with my receiving alimony. But now that I'm no longer receiving alimony, I dug out our CO to see what it says.

Colorado Child Support guidelines clearly state that CP pays the first $250 each year of medical expenses and then the balance is split in ratio to income. (specifially Orthodontia)

If my ex attempts to hold me to the CO and I take this to mediation or court, will I win? Is it worth is? Colorado Child Support guidelines also clearly state that the presumtive resolution to any disputes will be to do what the guidelines state.

Is it worth fighting?

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#150812 - 10/04/06 01:50 AM Re: What should I do? Maury [Re: Susanf31]
katiefedup Offline
Carpal \'Tunnel

Registered: 10/27/05
Posts: 11669
No, wait and see what he does? You are not married yet. Get the kids to the ortho this week, However your income goes down, so it seems like you are in good shape

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#150813 - 10/04/06 01:53 AM Re: What should I do? Maury [Re: Susanf31]
Runswithscissors Offline
Carpal \'Tunnel

Registered: 05/30/04
Posts: 13394
LOL.. you've GOT to be kidding me......

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#150814 - 10/04/06 02:07 AM Re: What should I do? Maury [Re: Runswithscissors]
katiefedup Offline
Carpal \'Tunnel

Registered: 10/27/05
Posts: 11669
Runs, I took that as a serious question. Without her SS, her income goes down. Did I miss something? Help, I am a bit slow tonight...2 cavities filled.

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#150815 - 10/04/06 02:11 AM Re: What should I do? Maury [Re: Susanf31]
Cassie23 Offline
Carpal \'Tunnel

Registered: 10/07/05
Posts: 14784
You'd win. At least in NYS you would win. When my DH and his ex divorced (their incomes weren't equal) they agreed to 50/50 for any uncovered medical. That was actually what SHE asked for and he agreed. Sounds fair, I think. But in NYS under the guidelines uncovered medical is fixed on a ratio to income basis. So with her $8k (I think they based it on $15k though) and his a lot more- she went for a modification and got it! Now he pays 90 percent of all uncovered medical.

I think that if it is agreed upon in the first place then the CP and NCP should suffer the consequences. Kinda like you can't change custody agreements unless there is a change in circumstances. Although with you not getting alimony anymore- that is a change in circumstance, HOWEVER you knew that that day would come.

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#150816 - 10/04/06 02:13 AM Re: What should I do? Maury [Re: Cassie23]
katiefedup Offline
Carpal \'Tunnel

Registered: 10/27/05
Posts: 11669
Except that her New Husband is lessing her COL

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#150817 - 10/04/06 03:03 AM Re: What should I do? Maury [Re: katiefedup]
JennyLynn Offline
Carpal \'Tunnel

Registered: 07/14/05
Posts: 31656
DH is ordered to pay half of all medical expenses, no matter how much either he or BM make.

We don't even make half of what you make alone Susan, I'm sure. And if we can handle thousands of dollars in medical expenses (just our half) in the last couple of years, I know you can do it too!! :)

But I do understand what you're saying. You're losing alimony, something you're now used to living on and it being a part of your income. I can definitely see how it'd take a chunk in your expecations of what you will be spending on other expenses.

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#150818 - 10/04/06 11:14 AM Re: What should I do? Maury [Re: katiefedup]
Runswithscissors Offline
Carpal \'Tunnel

Registered: 05/30/04
Posts: 13394
Her spousual support is going away.. because she is getting married.. therefore the household INCOME is going UP... hence the reason for that change.

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#150819 - 10/04/06 01:59 PM Re: What should I do? Maury [Re: Runswithscissors]
Susanf31 Offline
Carpal \'Tunnel

Registered: 06/02/05
Posts: 10630
No, my income is going down SIGNIFICANTLY, Run.

My spousal support is going away because I an voluntarily giving it up for the last 10 months. It would be going away anyway next September.

Don't forget, my ex just moved his girlfriend into his home, so his household income has now gone up.

What my new H will be contributing to the household isn't equilivent to what I am losing in alimony, income-wise.

My income, INCLUDING CS is now 35% of my ex's income AFTER HE DEDUCTS child support. In other words, including the CS I receive and he pays, my income is still only 35% of our total, combine incomes.

He makes 3 times what I make before CS is taken into consideration.

The guidelines/laws are clear that medical expenses are split in ratio to income. My CO says they are to be split equally. If I seek a modification of my court order, will I automatically win because it's not in line with Colorado law?

Before, it was fine because our income were roughly equal. Now there is a disparity of income.

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#150820 - 10/04/06 02:03 PM Gee, sounds to me... [Re: Susanf31]
gr8Dad Offline
Carpal \'Tunnel

Registered: 06/07/04
Posts: 31800
...like since you are VOLUNTARILY giving up the SS, the income disparity is VOLUNTARY. Doesn't sound like it is his problem.
_________________________
Why give a "senior" discount, they have had plenty of time to raise the money...

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