Child Support Mod - Medical Expenses


#1

My child support order states a set amount for child support and then my ex is responsible for a percentage of uninsured medical (51% ) past the first $250.00 each year. At the time, he made slightly more than I did.

He has filed for a reduction to child support. Using the income he provided, I now make almost twice as much as he does (if you don’t count his additional cash income which we will ignore for this question).

If you run the guidelines, there is a $7.00 difference in child support - so does not meet the 15% guidelines for a modification.

His pro-rated portion of basic support is now 36% vs. the original 51%. If there isn’t a 15% difference in child support, could he still get a modification of the portion of medical he is responsible for?

Would CSE do one without the other?


#2

The 15% difference is applied to income, not child support, in any event the medical expenses are part of child support, and should not be modified unless it is necessary to modify support.


#3

Okay - thank you for the response.


#4

So then if someone is paying child support through wage withholding from the state, and pays child support but not medical payments…is that considered not paying child support?


#5

If the payor is ordered to pay the medical expenses and they are not they are in violation of a court order and a motion for contempt should be filed.