Child Support question?

[WyattJ]

What is the name of your state? IL


My ex informs me today that I wouldn't be able to increase child support because he moved in with his girlfriend and the judge will see that he is paying more bills now. Also that when he gets married to the girlfriend whom they have a 1 year together that he still going to pay support on that child, which he said he can do that...that him and her will have to go in front of a judge to get discontinued, they decided not to - whatever I don't care but what they do.

I would like advice on how the child support would work now that he has moved and has more bills? Do you think the judge would look into that consideration that he is paying child support for another child that is 1 year old and that my child is 9? And of course, he was paying my child first.

Also he informed me that he has insurance which I knew that, I asked him for a booklet and he said "No way", I said well I guess I will call your employee and ask for one? Would I actually be able to do that? plus insurance cards- he wont let me have any or copies of the cards?

 

[hexeliebe]

I would like advice on how the child support would work now that he has moved and has more bills

The same as it does now. And the answer he will receive from a judge when he says "But your Honor, I am now supporting a new family and have bills" will be "Not my problem".

And on your other issues with the insurance cards, even if the court order requires him to carry insurance on the children, if it is silent on him furnishing you with proof of insurance, you will need to file an amendment to the custody order asking the court to compel him to furnish you with copies.

 

[WyattJ]

Question for boxcarbill

What is the name of your state? Illinois

My question is that I have joint parenting agreement, it doesn't state that he has to carry medical insurance on my son. I do get help from the state regarding child support, and they have issued that he carry insurance. Okay he finally has insurance on my son but I was wondering..morally or legally....do I get a copy of his insurance cards or just the cards themselves. He says I can not even get a copy of his card because all hospitals and dr's office already have it on file. Well a week after this happen I had to take my son the ER, of course, they ask for insurance card. I told that lady my situation with the father and told her he has insurance but I don't have any copy to show her. She said fine just give her my insurance. She also told me that they don't have any information about him having insurance and if they did they still need a copy everytime someone comes in.How can I go about getting his card..or am I aloud to have a copy? I would appreciate any advice.


Boxcarbill
Senior Member
Of course you are "allowed" to have a duplicate insurance card. In fact, you are also "allowed" to have a copy of the insurance booklet so that you will know what is covered and what is not, etc.. Someone really screwed up in not putting all this in the order. Tell your ex that you want the information. If it isn't forthcoming within 10 days, call his employer and tell the employer that you want a card and the booklet. If the insurance turns out not to be through the employer and he will not provide you with proof of coverage, haul his azz to court and seek proof of insurance, card, booklet and all necessary information to file the claim.

__________________Caveat: The opinions expressed herein are my own and are intended for educational and/or entertainment purposes. They do not create an attorney/client relationship. How you chose to use the information provided is entirely up to you. For those in the forum whose sensibilities may be offended by my opinions, my advice to those is the same as that of Justice Harlan in Cohen v. California, 403 U.S. 15 (1971): Those people " could effectively avoid further bombardment of their sensibilities simply by averting their eyes."




Now I have two different views...interesting!!! but very helpful.

 

[hexeliebe]

Where do you get two "Different" views?

Both BCB and I said the same thing, just in different ways. And that is, if it's not in the court order that he is required to furnish you the cards, then go back to court to amend the order to address the issue.

Being "allowed" to have something isn't the same as him being "required" to furnish it.

 

[nextwife]

He is correct about the other CS order NOT ceasing automatically when he marries his GF.

 

[FJ1200guy]

To Wyatt only:

You're right about the 2 different views. But I like the way he spins it... LOL

You don't need the CO to specify that you get a card, the dad is being a real dick about this. He gives us dads a bad name, tell him I said so. LOL The rest is what Bill said.

 

[hexeliebe]

My answer:

...you will need to file an amendment to the custody order asking the court to compel him to furnish you with copies.

BCB's answer:

Someone really screwed up in not putting all this in the order.

Now, unless I failed 1st grade reading and comprehension where in the above two quotes is there a difference? That's the problem with most people, they read what they want into what is advised.

The point is, if it's not in the court order the ex is well within his rights NOT to give you the card. An order to 'provide insurance' does not in and of itself demand that proof of that insurance also be provided.

That is a question for the court, not interpretation here.

 

[WyattJ]

Okay okay I got the your point the first time (hex)...don't need to get your bad side out.

I will have to take this to court.

But my son has a dentist appt tomorrow, he plans on being there with his insurance which is good. We agree to use my insurance since it wont cost us much, but what happens when he is not able to attend because basically he is only attending to make himself look good cuz he knows I want to get our papers modified - Personal opinion.

As for the booklet of his insurance...am I at least able to have that without having to take that to court?

Thank FJ for seeing what I seen.

 

[hexeliebe]

As for the booklet of his insurance...am I at least able to have that without having to take that to court?

That is a matter between you and his employer. From the plethera of lawsuits floating around these days, I doubt that without a court order you'll be getting anything from the employer. After all, you are not his wife any longer. And an employer is not going to get into the middle of a domestic squabble.

As BCB told you, you had a dolt for an attorney. This time, make sure you put in the amendment a true and complete copy of the current insurance card and any and all supporting documentation including employee insurance handbooks explaining all benefits dependents of the insured are entitled to.

In other words, spell it out for the judge.

 

[WyattJ]

THANKS HEX...I do planning on spelling it out for the judge and the ex(boyfriend)...I was thinking the same thing, we are not together why would they have to give me sh$$.

But (personally) would you do that to your children? Not give the mother a insurance card. I do know some NP do abuse it but I hardly ever have to take my child to the dr, dentist what ever the case...hell my son is 9 and never had a boken bone ~~~knock on wood~~~~knock, knock

 

[FJ1200guy]

One of the rare times I'll dis-agree with Hex (who does actually know his s.hit). I believe the insurance cards are required to be given to you... either from the Dad or the insurer/employer... not sure about the other paperwork.

As for the 1st grade reading and comprehension... you can always go back and try again. Maybe you'll learn about "context" too... LOL

"The employer or insurer of the party required to provide
health, hospital, and dental insurance shall release to the
other party, upon written request, any information on a minor
child's insurance coverage that the employer or insurer may
release to the party required to provide health, hospital, and
dental insurance."

I'd assume this means the cards also.

 

[WyattJ]

Thanks.....I just might call his employer tomorrow (if he hasn't already said something to them already - he works thrid shift) and see what they say as in telling me what I have to do to get them. It's pretty sad that I might have to go to court for something this minor but in the long end it is a big deal.

 

[WyattJ]

As for the 1st grade reading and comprehension... you can always go back and try again. Maybe you'll learn about "context" too... LOL

The sad thing to that is last week was my last semester of collge for my associates degree....

 

[FJ1200guy]

LOL... you DO know that was to Hex, right Wyatt? Because he cut and pasted what made his point more valid... man if that always worked, I'd be a cutting and pasting fool, damn the context! LOL

But you know, no one is really wrong here, actually. You are to have access to the insurance info. Even if it's not spelled out in the CO. BUT you may have to go back to court to open some eyes, I guess. (Well, one person IS wrong here... the bio-dad!)

I'm SURE the employer will give you what you need. If not call the insurer, if you know who it is.

Later, Lyle

 

[hexeliebe]

There is only one problem with your theory FJ. And BCB addressed it in his response. If the insurance is not through the employer then Jamie is out of luck.

Therefore, the ONLY way to insure the ex complies is through a court order.

Now Jamie, as to your 'personal' question. I never had to face this decision. Although in our custody order I am to carry insurance on my girls, when I got divorced I was travelling all over the country and in Europe.

I was a consultant and as such could not find decent insurance that would allow the girls to have a choice of care where they live. So, the ex and I agreed that she would get the insurance and I would add the cost to the support payments. I have also set up a funded trust (only carries about $10,000) that she can draw from for deductibles.

Sometimes people don't need a court order. Just love for their children. In your case however, get the order.