What is the name of your state (only U.S. law)? MN
Sorry, this is long, but I think all the info is needed to get a legal opinion.
First, I have shared physical and legal custody of our children, labeled as 35%/65% in the decree, and pay CS as I am the NCP.
My 16 year old has had the rapid onset of a serious mental illness over the last 6 months. She is now in a treatment facility 160 miles away in the same state, and will be for the next 6-9 months. There's no guarantee of significant progress, and she could be in different types of treatment for years or possibly a lifetime.
My ex has medical insurance on her, and it is covering everything but med co-pays of $30 a month or so at this time.
We contacted county social services recently, and my daughter has qualified to have a case manager, although no services have been provided as of yet.
The facility my daughter is at informed my ex she can fill out paperwork through the county, that will show the child is not living at home, has $0 income, and will qualify for state medical assistance, thus paying the $30 co-pays. Social Services has confirmed this. It would be done this way so my ex's household income wouldn't be used to disqualify the child because of income.
I have several questions then.
1) Can some of the CS (we have 2 children) be redirected to the state with the circumstances described?
2) Can CS be re-evaluated by state initiation because of the addition of MA?
3) Her treatment will most likely last beyond her 18th birthday, and possibly far beyond. Will CS continue until she is able to function in society, which may not be for a long time (as in, paid to the state)? Could my ex be ordered to pay a share since we have shared custody?
4) Since we are not actually using any services, if we wait until she is 18, are the CP and NCP "tags" thrown out, and won't be a factor anymore in determining support to be paid to the state, as support would have ended then?
To add, I had the child around 60% of last year, due to being available, and having years of experience working with folks with emotional disorders.
Sorry, this is long, but I think all the info is needed to get a legal opinion.
First, I have shared physical and legal custody of our children, labeled as 35%/65% in the decree, and pay CS as I am the NCP.
My 16 year old has had the rapid onset of a serious mental illness over the last 6 months. She is now in a treatment facility 160 miles away in the same state, and will be for the next 6-9 months. There's no guarantee of significant progress, and she could be in different types of treatment for years or possibly a lifetime.
My ex has medical insurance on her, and it is covering everything but med co-pays of $30 a month or so at this time.
We contacted county social services recently, and my daughter has qualified to have a case manager, although no services have been provided as of yet.
The facility my daughter is at informed my ex she can fill out paperwork through the county, that will show the child is not living at home, has $0 income, and will qualify for state medical assistance, thus paying the $30 co-pays. Social Services has confirmed this. It would be done this way so my ex's household income wouldn't be used to disqualify the child because of income.
I have several questions then.
1) Can some of the CS (we have 2 children) be redirected to the state with the circumstances described?
2) Can CS be re-evaluated by state initiation because of the addition of MA?
3) Her treatment will most likely last beyond her 18th birthday, and possibly far beyond. Will CS continue until she is able to function in society, which may not be for a long time (as in, paid to the state)? Could my ex be ordered to pay a share since we have shared custody?
4) Since we are not actually using any services, if we wait until she is 18, are the CP and NCP "tags" thrown out, and won't be a factor anymore in determining support to be paid to the state, as support would have ended then?
To add, I had the child around 60% of last year, due to being available, and having years of experience working with folks with emotional disorders.
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