father skipped out!!!

[angieb888]

What is the name of your state?Maryland

My best friend/roommate just divorced her now ex-husband within the last few months. About four weeks ago he picked up and moved to North Carolina with no warning at all. Their 4 year old daughter is not taking it very well, (acting out, making comments about never seeing him again, not her usual active smiling self) and it has been recommended by her pediatrician that she see a counselor. The father is responsible for her medical insurance and the agreed child support however he has no job now. Here are my questions:

1. Can my friend take him back to court for more support since he does not see her daughter anymore and she must provide for her at all times now and how would that be affected by the fact he has no job?

2. Should she also file that he pay for the additional cost it will take to add the daughter to her insurance seeing as it is his responsiblity to have insurance provided?

Thank you so much for any advice you can give!

Sincerely,
We want our lil K.K. back

 

[seniorjudge]

Q: Can my friend take him back to court for more support since he does not see her daughter anymore and she must provide for her at all times now and how would that be affected by the fact he has no job?

A: Yes, she can go back to court. If the guy has no money, then she will not get any money.


Q: Should she also file that he pay for the additional cost it will take to add the daughter to her insurance seeing as it is his responsiblity to have insurance provided?

A: Ask for the farm; settle for a goat.

 

[angieb888]

Would it be better for her to wait until he has found a job?

Thanks

 

[seniorjudge]

Would it be better for her to wait until he has found a job?

Thanks

No, of course not!

You want a child support order in effect immediately. When he gets a job, swoop down on him.

 

[angieb888]

Gotcha!! Thank you so much. I don't know how anyone could actually leave this little girl behind.....

I will let my friend know!

 

[CJane]

2. Should she also file that he pay for the additional cost it will take to add the daughter to her insurance seeing as it is his responsiblity to have insurance provided?

I don't really expect you to know the answer to this question, but what EXACTLY does the order say WRT insurance and who pays? Are you absolutely POSITIVE it just says that dad is to provide insurance, and not something along the lines of "Father will provide health insurance at such time it is available through his employer at a reasonable rate"?

 

[SingleMom67]

Does your friend have his new address? She'll need it in order to do anything (re: modifications of existing court orders). She can file for anything she wants. However, he will have to be properly served with the paperwork. That's simple due process.

 

[angieb888]

He is completely responsible for her medical. Even if he has to go to an outside provider if his place of employment does not offer medical. I also just found out that he does have a job now(or so he says) . However, Kayleigh's(the daughter) insurance with his last company runs out today. The father is being very evasive as to any details of insurance continuing at that point. Should my friend just put her on her policy and add that to her negotiations in court?

Thanks....
PS..she can get his address from his parents...but I will make sure she does that soon

 

[SingleMom67]

He is completely responsible for her medical. Even if he has to go to an outside provider if his place of employment does not offer medical. I also just found out that he does have a job now(or so he says) . However, Kayleigh's(the daughter) insurance with his last company runs out today. The father is being very evasive as to any details of insurance continuing at that point. Should my friend just put her on her policy and add that to her negotiations in court?

Thanks....
PS..she can get his address from his parents...but I will make sure she does that soon

If he's got a job now, CSE will be able to get him there too!!! GL to your friend!!!

P.S. I personally have my son on my insurance policy (have from day one). Given the ex's track record of not holding down a job consistently, my son's medical needs are too great for him not to have insurance coverage.

 

[angieb888]

That's what I told her about the insurance. Kayleigh's health is more important then trying to fight him all the time and depend on him which is a joke in itself. But she is definately going to take him back to court to get more support since she has her all the time now. I told her he should have to pay for all of her co-pays for the counseling too.... I am slightly bitter right now.

 

[SingleMom67]

Typically, it's ruled that after the first $250 out-of-pocket (that CP is responsible for), the remainining out-of-pocket expenses are split 50/50. (Just an FYI).

 

[lefthighanddry]

Just for reference or in case you need it:

As of October 1, 1997, the Federal Government established a computerized directory (The National Directory of New Hires) which traces parents who owe child support- even if they have moved to another state. This program is expected to substantially increase the collection of past due child support. Depending on state enforcement laws, the child support obligation may be enforced, for example, through income execution (deduction from your paycheck, unemployment check, or other benefits), or attachment of a tax refund. In New Jersey, for example, a 1998 law allows the state to track child support evaders through cable television bills and bank accounts. Penalties for non-payment may include revocation of your driver's license, denial of Federal loans for your business or property, fines, or possible time in jail.

http://www.acf.hhs.gov/programs/cse/newhire/ndnh/ndnh.htm

 

[betterthanher]

2. Should she also file that he pay for the additional cost it will take to add the daughter to her insurance seeing as it is his responsiblity to have insurance provided?

The cost of health insurance is a factor towards figuring out child support obligation. If he has quit his job and he no longer has access to health insurance but mom does, the she will provide it and the child support will be readjusted accordingly (meaning the amount of dad's child support paid to the other parent will increase). They can not make him get outside health insurance if he isn't able to obtain it (unless he chooses to).

In the meantime, mom should retain all reciepts, pay stubs, etc. so she can prove what she's paid out during dad's lapse of insurance.

 

[haiku]

the cost of private insurance being what it is, I doubt the court would have ordered him to provide insurance over and above affordable employee insurance.

 

[angieb888]

It does state in their papers that he is solely(sp) responsible for her insurance coverage regardless if he is employed or not. At one point in time he was providing outside coverage for her when he was on unemployment.

Thank you so much for all of your advice. I will pass this all on to her and hopefully Kayleigh will get what she needs. Well she needs her dad right now, but that isn't going to happen.