Child Support


#1

I would like to give you a little background information before asking my 3 questions:

When our son was 3, my ex was ordered by a judge to pay child support and have health insurance on him (he is now 11). If was further ordered that he pay 82% of all non-insured and I 18%. After the order was signed, the child support worksheet was completed. My ex was given a $169 allowance (per month) on the child support worksheet since he got an independent insurance plan on him. I, at the time, was not working and had medicaid for our son as well (secondary). However, they did take into account my previous monthly net pay when configuring the child support worksheet. Four years ago, he remarried and now has another son age 3. He has since changed insurance from BCBS to his wife’s family plan through her employment.

Several years ago, our son was diagnosed with migraines. He has now been diagnosed with astigmatism and vision issues ®20/70 & (L)20/40). The doctor says that he will definitely need glasses and has prescribed them. She further stated that this may help aid in his headaches not being as severe.

Now to my questions:

(1) If he was given the $169 allowance on the child support worksheet and our son’s portion does not equal that now, should that be coming in form of child support back to me every month.

(2) Since our son has been diagnosed with astigmatism and poor vision, does this mean that he needs to be carrying vision insurance as well? Is his vision considered a health issue in the state of NC?

(3) Also, should his dad be carrying dental insurance as well?

Thank you very much in advance for any and all answers that you may be able to give to the above questions. I want to get a feel for what the law in NC has to say before moving further.


#2

The amount a party pays for health insurance is taken into consideration for child support purposes, but no, it should not be paid to you directly if his cost went down. The real question is whether there has been a substantial change in circumstances warranting a recalculation of the obligation. Even if the portion of this expense went down, I believe you are better off leaving his obligation as it is. With no changes to income or any other expenses, the birth of his new child would decrease his obligation to you.

As for vision and dental, he does not have an obligation to provide insurance if not required in the court order.