AG review every 3 years is KILLING us!!!
Every 3 yrs, without missing a beat, BM brings my Husband back to court for MORE money, while she lives her very wealthy life, living in her $220,000 house, driving a $40,000 car, sporting her new boobs, wearing NOTHING BUT name brand clothes( I could go on and on, lol). Well, that time has come once again. We can never get ahead, and actually save money, cause as soon as he gets a raise, here she comes, and takes it. Our child support( I say ours because it's OUR money, and I have been with him since Skid was 11 mths old, so I have been there every step of the road)will go up approx $300 this time. We already pay$700 a month for one child, so it will go up to about $1,000. I realize there is nothing we can do about the AG office, the good guys always get SCREWED, but I need advice on some medical insurance problems we're having with BM. My Husband has a good job, it's permanent, but they only offer 2 insurance plans, one is the PPO which would cost us $800 a month, and then there is the one we're on, that is a HSA with a high deductible. We pay $300 a month for it. What this means is, ins doesn't pay a dime until we meet the deductible, not even rx's. We have had this same insurance for 5 yrs, but psycho(as we call her) has just had a light bulb go off, that she isn't going to Pay for a medical bill that goes towards OUR family deductible. We don't have individual deductibles, only one. We have a bill for a foot Dr that is $180, and I have already called and paid our 1/2. All of the court papers just say we are to split medical bills in 1/2. We have done this since papers went into effect 12 yrs ago. Now, BM has talked to her lawyer, and wnts to get papers modified to where she doesn't have to pay for our deductible. So, with our insurance, she would not have to pay any medical bills pretty much, because we never meet the high deductible. Can she get away with this? I've tried explaining to her, that she is still responsible for Skids bill because she is still liable for paying for her treatment she received, but she doesn't see it like that. HELP US PLEASE. We can't afford a lawyer to fight her. Anyone know anything about this type of situation?
I would think that until she
I would think that until she actually has the CO modified, she is still responsible for half. If she refuses, she is in contempt.
Our BM has insurance that
Our BM has insurance that requires us to pay a 5k deductible before they pay out for medical. We argued over it in court, but we have to pay 1/2 the bills.
Pay the full bill, send her a copy certified mail, then sue her for her 1/2 per the court order. Until she goes to court and has the court order changed (if she even can), then she is required to pay 1/2.
Where are you located and why
Where are you located and why is it jumping SO high at one time? Oh and how old are skids
I don't think she gets to
I don't think she gets to choose your insurance for your family. The ONLY right she has thanks to the darn courts is to have your DH pay for medical, what kind, is up to you.
I agree, we did the same exact thing for years...we had a high deductible insurance which saved us lots of money. Of course, BM never used our insurance anyway, but if she did, sorry, too bad...not our problem.
I would argue that if SHE gets to choose the medical insurance, thus costing your family much more, then not only does the higher premium FOR EVERYONE (because it is costing you extra money for EVERYONE) need to be deducted from earnings to pay CS, but she should be liable for 100% of medical costs outside of insurance. End of story.
By the way, if she then tries to get the courts to make your DH pay HER for medical insurance and for her to carry her kid on the insurance, then I would ensure that she provides legal copies of how much exactly she pays for insurance, how much it costs additional to insure the kid...not, just have her divide the number by the number of people or some crazy ridiculous formula...but the actual additional cost to insure the kid.
PS - about the outrageous jump in insurance? This happened to us in Texas a few years ago, thus the reason we had to go with the higher deductible, otherwise, we'd have no money to eat.
These BMs are just crazy.
PS - here are the actual Texas laws, if that is the state where this order is in, regarding Medical Support. Most information is
in section Sec. 154.182. HEALTH CARE COVERAGE FOR CHILD, but make sure to read the entire page and get all the information you need.
http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.154.htm
Reasonable costs, as per the law is 9% of obligors income...but not sure if that consider that off NET or GROSS...so make sure to read it.
NOWHERE did I see that it states that the CP could decide what insurance to get except this:
"unless a party shows good cause why a particular order would not be in the best interest of the child", but I would argue that this has nothing to do with the best interest of the child, but rather with the BM not wanting to pay her 50%. I would also try to get a list of all covered expenses for each insurance to see if there is a difference...sometimes those with higher out of pocket costs actually ARE better coverage, in that you can go to different specialists, etc...which I would argue THAT is in the best interests of the child
NO - I AM NOT a lawyer and this should NOT be taken as LEGAL ADVICE...I just posted what is readily available to all
PS - from the Texas AG's (ahole) office
https://portal.cs.oag.state.tx.us/wps/portal/MedicalSupportFAQ#question2
here is what got me..."BASIC", doesn't say the best, the least expensive for the CP or anything like that...provided it covers the following things, and they ARE covered, because when you pay for those through the deductible, you are technically covered...then...
In what health insurance coverage is an employer required to enroll the child(ren)?
An employer should enroll the child(ren) in a basic health care services plan including usual physician services, office visits, hospitalization, laboratory services, X–rays, and emergency services.
If the CO states that BM is
If the CO states that BM is required to pay half of all medical bills, then she is responsible for half regardless of how much the deductible is. If she doesn't like it, then she should see about putting the skid on her insurance.
We had a similar problem when my DH took custody of SS around age 13. BM previously had SS covered on her insurance with a low deductible. When SS came to live with us, we put him on our plan which is a high deductible plan. BM was still required to pay half of every medical bill.
And I would advise against paying any dr. bills in full and going after BM for her half later. You likely won't get it (we didn't).
Unfortunately a 3 year AG
Unfortunately a 3 year AG review is relatively normal in many areas. Does your husband get a credit of sorts for paying the health insurance?
Edit: I doubt she will get aways with not paying for the medicals bills, if she does I'd be back in court motioning for a downward modification in support. Tell her that and she what her reaction is.
Thank you all for your
Thank you all for your responses. We are having a big jump in child support because my Husband(BD) was awarded a higher position at work,and got a raise. Everytime he gets a raise,she brings us back to court,and takes it. We can never get ahead. We are in Texas,just an fyi. We will find out tomorrow after 10am,how much we will now pay. The court does subtract a small portion of what we pay for insurance. Crazy thing is,she does have Skid on her new spouses insurance,which is good ins.,with co pays,etc, but she says its not the Stepdad's responsibility to take care of the child. Which makes no sense as to why she even had coverage on her if she isnt going to use it. We have offered to pay her half for whatever if she wants to use his ins.,but of course she says no. We dont take Skid to the Dr.,so we dont ever have to pay a bill up front. BM takes her,and I dont know how its gonna work out next time she brings her in,and they want their payment for the office visit?lol. We will be seeing a lawyer within the next couple of weeks about her being in contempt,and having things modified. I think for the next 4 yrs(she is about to be 14) that we should be able to file her on our taxes since her Mom has had the last 13 yrs to do so.I also want us to be notified before she seeks medical attention somewhere,or ortho care etc. instead of her doing what she wants, and then sending us a bill. We're paying for braces right now,that were $5000,which is double the usual amount. Come to find out,she brought her to "the best" ortho around,who does braces a different way,and its more expensive.We had no say so at all about this,just recieved bills for it. She went down and paid her half up front(because she has the money to do so),and of course,we had to set up a payment plan to pay our half..
Trev, Though our CO was in
Trev,
Though our CO was in Oregon we lived in Tx for most of my SS's period under the CO. One thing that worked for us was that my career always resulted in very good medical benefits while my Skid's SpermIdiot either did not have any benefits at all or his benefits sucked. So, we carried SS's insurance as a dependent under my employer sponsored plan and DickHead paid half of the increase in the premium to increase my coverage from Employee & Spouse to Employee & Family. Dickhead's CS went up by $15/mo.
You may be able to use this tactic to get out from under covering your Skids under your DH's plan. If StepDad is carrying the kids under his policy and it is high quality insurance it is possible that the hurdle cost to cover his Skids under his policy is not too much. If you can get the court to agree then your costs to cover the kids may go down. Also, you can possibly fight the constant attacks by BM as harrassment. Her engaging voluntary medical care without prior notice to your DH is an example. Braces are rarely medically neccessary so you have the possiblity to dump the entire cost on her as a volutary procedure contracted by her. DH was not notified and did not agree to this voluntary dental procedure so the arguement is that it is on BM to pay for it.
A promotion and raise is not a major change of circumstance in most cases and if her efforts to continuously nail your DH to the wall are vindictive and punative .... and you have years of records (recorded telephone conversations *Legal in Texas, e-mails, interviews with friends, family and community members, Skid stories about how mom hates dad, etc.....) then do what you can do nail her ass to the wall.
Unfortunately as the NCP side of this equation you and DH are less impowered. In most cases the majority of the control lies with the CP.
Good luck. The good news is that you only have 4more years of this before you can put BM behind you and get on with your own lives with her relegated to a bad taste in your memory.