Medical bills & increase in child support


#1

This is kind of a two fold question: #1 - My husband’s ex wife remarried a few years ago. Prior to being married I believe her children were on Medicaid. After getting married, the man she married put her and her two children (only one of her children is my husband’s child) on his health insurance. In my husband’s separation agreement & divorce it says nothing in there about paying medical bills or providing the child with health insurance. The papers just state she has custody, he has visitation and when and how much child support he will pay. Recently her husband lost his job and his health insurance. Two days after the health insurance terminated the child had surgery and the mother (who knew the insurance was terminated) is now demanding that my husband pay half of all the bills. She had informed us at the hospital during the surgery that she was going to pay the cobra payment of $300 for this month which would cover the surgery (her husband is also currently in the hospital). I work in the medical field and advised her that she should apply for NC HealthChoice for her daughters which she states she has done but is saying something like she can’t get it because she owns too many cars but they haven’t given her an answer yet.
#2 - When child support was calculated they were both working full time (my husband and his ex wife). She had a very good job but after she got married she chose to quit that job and take a job working part time making much less money since her husband had a very good job. Since her husband has lost his job she is stating she wants more money.

My questions are:
#1- Can she make my husband pay half the medical bills or pay for the child to have health insurance ? and if she takes us to court about it can the judge retroactively order us to go back and pay those medical bills?

#2 - Can she demand more child support?  Everything I have ever read states that in NC you have to have an extreme change in circumstance in order to take someone back to court for more child support.  I do not know if her quitting a good job and voluntarily working part time making less money and her husband losing his job even though his income is not used in calculating child support would constitute an extreme change in circumstance.

I know this is alot to answer but anything you can tell me would be greatly appreciated.


#2

Since there is no Order on the medical bills, the issue will have to be brought before the judge. The mother’s failure to pay for COBRA will likely influence how this issue is decided.

As for a recalculation of child support, her current income will be used unless she is shown to be reducing her income in bad faith.


#3

Sorry to ask more but so if she doesn’t pay the cobra will that affect us negatively or positively.

Also, if she just started working part time because she could is that considered in bad faith for the child support and can she take us back to court without their being a drastic change in circumstance?


#4

I believe her failure to pay the Cobra, with the knowledge of an upcoming surgery will negatively affect her case. If she has chosen to work part-time I do not believe the court would allow her to modify support based on a voluntary reduction of income.


#5

Sorry to revisit this issue. My husband has lost his job and his insurance which was paying for part of his daughter’s braces. I have offered to pay the payment that the insurance carrier was paying. In their original separation order and divorce order there is no mention of medical coverage only child support. If she takes my husband back to court can they order him to go back and pay medical/dental bills retroactively ? Also, I understand in NC there has to be a change in circumstances to request a change in child support and the only change is that my husband is now unemployed will she be able to get this reviewed or revisited? Thank you.


#6

If your husband was not required to maintain the insurance he will not later be forced to pay the expenses (at least not by the court, the orthodontist may seek payment however).

If your husband has lost his job, he should seek a modification of support based on his changed circumstances.


#7

Also, I have a question about counties. My husband’s ex has a friend who is an attorney in Buncombe county and he was the one who filed their divorce for her. We all live in Henderson county now, can she still use an attorney in Buncombe County or can we request that it be handled in Henderson county?


#8

Any attorney licensed in NC can handle a matter in any county. If you have all moved to Henderson County, the action should be moved there by way of a motion to change venue, which can be made by either party.


#9

Is there a specific form to change venue ? I couldn’t find anything on the net. Thank you so much.


#10

No, it is a motion which includes the reasons for the requested change, ie; none of the parties reside in the present county.