Health Insurance and Child support

North Carolina Divorce Law Divorce and Separation Answers
1

Greetings,

I have an existing child support order in place which was calculated based on my ex wife claiming the children health insurance and monthly child care expenses. Within a few months of when the order was entered, she stopped sending the kids to after school programs and never sent the kids to Summer camp but in a few and apart occasions. In other words, she has no child care costs for several years now.

About 2 years ago she lost her job and with that the kids health insurance, so I immediately stepped in and placed them under my policy with a verbal agreement that she would get them back on her own policy as soon as she found new employment. She did find work soon thereafter but never enrolled the kids under her insurance. As of today I’m still paying the court ordered child support in full AND the kids health insurance.

I would like to know the following:

  1. Am I entitled to a refund for the years she has received an inflated child support payment due to a claim of child care expenses she has not incurred? If so, how can I go about it?

  2. Since she refuses to reimburse me of my costs for the children health insurance - while at the same time threatening me with court proceedings for a child support increase - can I temporarily suspend the child support payments until I recoup the money I’m spending to cover the kids policy? I shouldn’t be forced to pay for my kids health insurance twice.

  3. Can my expenditure towards the children health insurance be construed as part of my monthly child support payment she receives?

Thank you for your time

2

If you suspend child support payments, she can file for contempt because you have violated the current order. If you reduce the payments, you won’t be in compliance with the order and she could file for contempt for that as well. You should file a motion to modify child support. Any modification ordered by the judge will date back to the date you filed your complaint for modification. You won’t be able to get reimbursement for any over-payment prior to when you filed your motion to modify.

3

Thank you for the reply Mrs.Willis.

One more question if I may: Isn’t she violating the court order by not providing the health insurance she is receiving money for from me? She is pocketing money that should be used to maintain the kids health insurance.

Thank you

4

Without knowing the exact language I can’t speak to whether she is in fact violating the Order. But your legal remedy to correct your child support obligation is to file a motion to modify child support based on these changed circumstances. The modification will be retroactive to the date of filing the motion to modify.

5

Mrs.Willis,

Thank you very much for your time and answers, I really appreciate.