Child support order and spreadsheet


#1

Back in September, my ex and I went to court for Child Support (she had a lawyer and I did not at the time) we ended up signing a consent order for child support (which her lawyer told me at the time was a court order not a consent order). I was unemployed at the time and on unemployment so we only had a temporary order in place until I found a job. My ex’s lawyer requested that she be responsible for providing insurance for our two year old son. Since my ex said she would be providing insurance for our son, I have to pay $100 in addition to my regular child support each month (which was all put into the child support calculation spreadsheet). Well, it has been 84 days (12 weeks) since we went to court and up until two days ago she had still not provided insurance for our son (I have had to call the child support enforcement office twice to complain) and then I just found out that she got medicaid for him. I’m paying extra for her to get insurance and I’ve already paid $300 and she decided to get free insurance for him instead!! She and her lawyer are playing very dirty and are trying to get as much money from me as they can and trying keep my son away from me as much as possible. My ex has openly said she doesn’t want my son and I to have a relationship several times.
My question is this… Just recently it has been brought to my attention that when her lawyer filled out the consent order, she did not include insurance in the order at all. (Her lawyer conveniently forgot to check the box that says “Plaintiff is carrying medical insurance on the child.”) I’m wondering though, since insurance was included in the calculation and then they didn’t add it to the order, shouldn’t that make the order basically null and void? From what I understand the calculation spreadsheet and the order should match perfectly and reflect the same numbers…
I’m hoping we can just agree on another consent order (without having to go to court again) and me be responsible for providing insurance. I’d rather my son not be in medicaid if I am willing and able to provide health insurance for him…

Thanks for your help!


#2

Consent Orders are court orders, and if you signed it you presumably ready and understood the document, at least in the court’s eyes. I do suggest you attempt to reach an agreement on this issue before going back to court.


#3

So it doesn’t matter that even though I’m paying extra for insurance each month?
Child support was already decided ($388/mo) and then they added $100/mo onto that because she wanted to be the one providing insurance for him. They added insurance to the calculation sheet and changed the support to $488/mo so I’ve been paying extra for insurance for over 3 months now and she still hasn’t gotten it. There’s nothing I can do even though the calculation and order do not match?


#4

The order will trump the worksheet, and since you signed the order, you presumably consented to the same.