Insurance vs child support

[Grace48]

Long story short my stbx quit his high paying job in July, when my lawyer requested his financial records from his employer. He has not worked above the table since. He has never gone without a job like this before. As such, he did not pay the COBRA health insurance premium for September and we lost all health insurance benefits. My lawyer has filed for: contempt of court for failure to maintain staus quo, and wants health coverage for me and the children reinstated, as well as the stbx to pay court cost. He pays child support monthly, but has it down the bare minimum for us to survive. Upon recieving the motion in the mail the STBX called and gave me an ultimatum: I could have the full amount of child support he is giving per month and no insurance, or I could have health insurance and the remainder of the COBRA payment subtracted from the child support. He left two voicemails and boy was he ticked off at me. And he never once asked about the kids, or the impact this has on them.( He has not called or visited them in six weeks!) I did not respond to this and taped his messages for my lawyer. My lawyer wants it transcribed for the motion hearing.  What are my chances of getting insurance without the judge taking away from the CS money. I think if it were to be cut I couldn't make it.

[livealittle]

well he certainly sounds like a stand up guy.


first, it isn't up to him how much CS he pays
second, he doesn't get to dictate to you what he will do
third, him quitting a job certainly isn't going to look good for him


stay the course and if I were you, I wouldn't depend on him for health insurance for my kids or myself.  Get your own insurance and cover the kids, on the AL state child support calculation, you will get credit for it.  It will make your life a lot easier and less stressful if you don't depend on him for your kids health insurance coverage.

good luck.

[Grace48]

Well, a quick update, I have to appear on this motion set for next Wed. I am assuming he will also (stbx). I have not had to appear on anything before, my lawyer has handled it all. I guess the judge requested it when he set the date and time. Some suggest this is due top the contempt charge. I have gotten the paperwork started for state insureance and will need to obtain birth certificates for the children and naturally copies of his cancelled child support checks for them to determine which program they are eligible.  I am so nervous about court though....

[m_t]

I would gather documentation of your bills/expenses, income and medical expenses to bring to court should the judge want to know why you need both the insurance and the CS paid. He should be paying both, but be prepared to show why.

Good luck.

[Grace48]

Thanks, I will do just that.