child support/custody

[Priss83]

My husbands employer notified him today of a court order they received to start taking out extra money for his child's insurance. This was not in the original agreement. The only notification we received was through the employer. I don't understand how there could be a court order without us being notified. Was there a court date that we were not made aware of? He has not had to pay insurance for the child until now? What changed to make it where now they want us to pay??

 

[PILawGirl]

Tell your husband to read his court order a little more closely. Most child custody agreements require that BOTH parents have to provide medical insurance for their children. Therefore, if health insurance is available through your husbands employer they will have to comply with the court order to include his child on his medical coverage. The amount taken out of his check for medical insurance is set by his employer, not the court. It's whatever the employer requires the employee to pay for their portion of the medical.

 

[Priss83]

Thanks for the reply. It's interesting to know that the employer sets the insurance rate for the child. After reviewing the original court order, I am still not seeing anything in it about insurance. This only seemed to have come about after the child's mother got married.

 

[PILawGirl]

I don't see any reason why the Mother getting married would have anything to do with it. Employers have certain rates for what they take out of paychecks for insurance, it also depends on the plan that is chosen. If your husband has himself + you on his benefits through work it would have one rate, if you add in a child or two obviously the rate will go up from there.

Tell him to ask his work for a copy of the custody agreement. Has his ex tried to garnish his wages through the State at all? Have they gone back to court recently? These are all things that can change the original order.

 

[PILawGirl]

Just as a side note: Honestly, if your husband is able to provide health insurance to his child that is a great thing. So, he gets extra money taken out of his check for medical insurance that benefits HIS child? That is part of the responsibility of being a parent.

 

[Priss83]

Thanks again. The child support has always been taken directly out of his paycheck. The prob is not paying for the insurance. The child needs to be covered by all means. No they have not been to court recently. There is alot of tension because he is not able to have any contact with the child because the mother moved without notice and changed the number. It also makes it more difficult because we are five states away. We have already been trying to fight that battle. Just really came as a shock to us. We are in the process of getting a lawyer and getting the copy of the court order.

 

[PILawGirl]

Unfortunately, regardless of the fact that the Mother is not allowing contact he still is liable for the child support and medical. I'm sure it states in the court order that the Mother must give the Father notice of change of address and phone number as well. Getting an attorney to help with these issues is probably a good idea, it's hard to fight this type of battle alone if you don't know the legal system.