The Respondent shall maintain health insurance on daughter and has been given credit for the amount she shall pay in the Child Support Guideline Worksheet.
I maintained health insurance until about a year ago when I took some time off from my job. I told my ex of the situation and told him I would pay him the difference between a single plan and adding her, which I have done since. She is currently 18 but will not graduate high school until the end of May 2007. My ex is telling me I owe him until 2011. His child support 'continues until the child in question reaches the age of eighteen and graduates from high school which ever event occurs later, marries, dies or otherwise becomes self supporting'. How would an attorney interpret this? Does this apply to support only? Am I fully responsible for health insurance until she is on her own? Any help is greatly appreciated.
2006-12-13 23:46:41 · 6 answers · asked by Raysgirl 1 in Family & Relationships ➔ Marriage & Divorce
In the first line:
The Respondent shall maintain health insurance on daughter and has been given credit for the amount she shall pay in the Child Support Guideline Worksheet.
The Respondent, or the person answering the suit, is told that they will keep health insurance on the daughter and that your child support payment has been adjusted to reflect the amount that you have to pay for health insurance. Example: by what you were making you may have been required to pay $1000.00 per month for child support. Health care coverage would cost you $350.00 per month so you were required to pay $550.00 per month plus provide health insurance.
On to the second section, what this section is saying, in lay terms is:
You will provide child support in the form of money and health care coverage until your child reaches 18 or until she graduates high school which ever comes later, if she graduated at the age of 17 or younger you would still be financially responsible until she turned 18; on the same hand if she turns 18 or older and is still attending high school and has not yet graduated due to failing or being held back, you would be required to pay child support until the legal age that a child can no longer attend public school you would still be required to pay child support in the ways listed above. UNLESS, and this is very important, she gets married, in which case you and her father would cease being responsible for her; that would fall to her husband; she dies; your financial responsibility is to her not your ex; or she becomes can financially support herself, she becomes emancipated or becomes a legal age that she can move out and she does and that she can pay rent, buy food and has a job.
Your responsibility is to HER not your ex. You can ask your attorney that handled the divorce to explain this to you if you feel the need. When your daughter gets her diploma in hand, your financial responsibility to her ends that moment. If she graduates before the end of a child support cycle you can and would get an adjustment on what you have paid. Most people do not go this route because it is your child that you are speaking of. However, that being said, when your child is through with school, get a transcript from her school and give a copy of it to the child support enforcement department of your local District Attorney's Department. If you have any correspondence from you ex demanding further payment from you give the DA's office that information also. Keep a copy of the transcript and the Final Dispensation of Divorce and Child Support Order, also any canceled checks that show that you were paying for health care for your daughter.
You can ask the Judge that signed your Child Support Orders or his office to clarify what his intentions were and explain what the difficulty you are having is. If this goes to court it will come out in your favor. Just remember, CHILD SUPPORT IS FOR THE MINOR or in your case school CHILD. It is to be used for the support of the CHILD, not the ex-spouse. When that child graduates, reaches adulthood, marries, becomes independent or dies, your obligation to them is over unless there is a clause in there that stipulates if the child in question is attending a facility of higher learning full time, i.e.: college.
2006-12-14 00:54:05 · answer #1 · answered by kim 3 · 0⤊ 0⤋
The Respondent (you)... if you maintain health insurance coverage for your child.. you will receive credit for the amount of out of pocket costs paid by you. In this event the credit is what is applied to the child support payments that you are responsible for.
Usually, in most cases depending on what type of insurance you have some provide insurance coverage for the dependent even while in college as long as they are a full time student. However, you are only responsible for maintaining health insurance for a child until they obtain the legal age of adulthood. Which is 18yrs.
You may want to check with your local child support office (friend of the Court) to see if there are any back payments that you are unaware of. If you owe any back payments, then you may owe him until 2011 as he states or to some other date. This is something that you should check into with them simply because they can tell you all of the information that you may need further.
2006-12-14 00:36:27 · answer #2 · answered by Anonymous · 0⤊ 0⤋
it doesnt matter what that document says, it can be modified at any time, and especially when there are changes. take it to court and have it modified to your current needs.
a lawyer or the legal aid office should answer this and it may depend upon the opinion of the judge also. legal aid is in every state and most counties. its in your phone book or call the county court clerks office for the number.
i know support is up to 18, unless they go to college, then it continues. if they quit school and go to work, it stops. then again, every state is different.
here are some links; just click on your state and find the child support section. call legal aid. the last three links are to help.
2006-12-14 19:00:27 · answer #3 · answered by Yvette B yvetteb 6 · 0⤊ 0⤋
I would say until she is 18 and has graduated high school.....have your lawyer answer as I cannot see the entire agreement...there may be some other stipulation there but I doubt it....good luck...think that he is trying to scam you
2006-12-13 23:50:37 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Talk to your lawyer. Show the evidence that you paid the difference to your ex and good luck.
2006-12-14 00:03:39 · answer #5 · answered by fortyninertu 5 · 0⤊ 0⤋
it says till 18 so it means till 18, he has it wrong... call the attorney that helped you, and have them send a note to him about it
2006-12-13 23:52:35 · answer #6 · answered by bronzebabekentucky 7 · 0⤊ 0⤋