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.