Greetings. First, there is no one year deadline to file for permanent custody. That is not a true statement, unless the court has imposed such a statement or it is in the local rules for your county.
Next, unless she is disabled, you can ask the court to deviate from the guidelines since she is voluntarily depressing her income in bad faith. The court can make her pay more than $50.00 a week and if her lifestyle is a nice one, then I think that you can definitely convince the judge of that…since child support is about giving each child their parents’ lifestyle benefits.
Yes, you can ask for medical expenses and should. All medical insurance premiums are included in child support - whether or not they are paid through an employer or paid by cash for someone that is self-employed. Thank you.
Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.