Child Support Modification Dispute

Summary

Renée is dealing with a dispute over medical expenses and child support modifications with her ex-husband. The 2023 court order supersedes the 2021 decree, altering the financial responsibilities for uninsured medical expenses. Despite this, her ex-husband is attempting to use outdated figures. Renée is advised to document all communications, inform the trustee of discrepancies, and consider filing a motion for contempt if non-compliance continues. Additionally, Renée is cautious about her ex-husbands requests to modify visitation schedules, suspecting potential manipulation. She plans to decline further changes and consult her attorney for guidance.

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Renée from Indiana
Hi Renée! What kind of legal issue are you dealing with?
Renée from Indiana
Hi Renée! Could you please provide more details about your legal issue? This will help me give you the most relevant information.
Ex husband trying to massage medical expenses by using a portion of the original divorce decree stating: MEDICAL AND HOSPITALIZATION INSURANCE. HUSBAND shall carry medical insurance for the medical, dental, prescriptions and optical expenses of the minor children of the Parties. The six percent (*%) rule shall apply to all uninsured medical, dental, prescription, and optical expenses of the children with the first One Thousand Seven Hundred Fifty-Four Dollars ($*,*.*) of annual underinsured medical expenses shall be paid by WIFE. HUSBAND shall be responsible for Fifty- seven Percent (*%) of the balance of any additional annual underinsured medical expenses and WIFE shall be responsible for the final Forty-three Percent (*%) of such expenses
Hi Renée! It sounds like your ex-husband is trying to interpret the divorce decree in a way that might not be fair. Here are some key points to consider:
- You are responsible for the first $*,* of annual underinsured medical expenses.
- Any additional expenses should be split: *% by your ex-husband and *% by you.
Has your ex-husband provided any specific expenses that he is disputing or interpreting differently?
That divorce decree was in *. However in *, I had child support modified and states this: IN RE: Powell and Powell CASE NO! FATHERI MOTHERI *₫*-*-dc-*/* Matthew Powell Jennifer Powell Children Brogan CHILD SUPPORT OBLIGATION WORKSHEET (CSOW) DOB Children */*/* Bradyn DOB */*/* *. BASIC CHILD SUPPORT OBLIGATION
 * Weekly Health Insurance Premium B. RECOMMENDED CHILD SUPPORT OBLIGATION I affirm under penaltles for perjury that the foregoing representations are true. _ Dated: Father: Mother: */*/* UNINSURED HEALTH CARE EXPENSE CALCULATION * Custodial Parent Annual Obligation: (CSOW Line *) $*.* + (PSEW § Two, Line *) $*.* - $*.* x * weeks x .* - $*.* * Balance of Annual Expenses to be Pald: (Line *) *.*% by Father; *.*% by Mother TRANSACTION NUMBER: TKog8XYLmGCb Prepared By: AR On */*/*
Case Rating: *
It seems like your child support modification has changed the percentages for uninsured health care expenses, making your ex-husband responsible for a higher portion (*.*%). Be sure to have documentation of all medical expenses and the modification details.
Have you discussed this modification with your ex-husband to clarify the updated obligations?
Yes. I presented a spreadsheet of all the medical expenses, attached the * modification from court. His response was that he would be paying his portion based off of the insert from the * divorce decree NOT the *. I want to file contempt charges because it seems as though he is willfully and all knowingly refusing to pay according to the *.
Case Rating: *
Renée, it sounds like you may have a strong case for filing contempt charges given that your ex-husband is refusing to comply with the * court modification. Would you like to be connected to local lawyers who can better assist you with your case?
Can you give me a bit more information about the issue?
Does he have any ground to dispute based on the Medical Expenses from original court order?
Case Rating: *
Renée, it seems like your ex-husband is not complying with the updated court order from *. This could be a strong case for contempt of court. Would you like to be connected to local lawyers who can better assist you with your case?
Can you provide your phone number?
Are medical expenses and hospitalizations calculated in conjunction to child support?
Case Rating: *
Renée, medical expenses and hospitalization costs are not directly calculated into child support payments, but they are often addressed separately within divorce decrees or modifications, just as in your case. The * modification should update the obligations from the * decree.
Would you like to be connected to local lawyers who can better assist you with your case?
If yes, can you provide your phone number?
So for clarification, the * court order for child support modification supersedes the original * court order for hospital and medical expenses
Case Rating: *
Yes, the * court order for child support modification supersedes the original * court order for hospital and medical expenses.
Would you like to be connected to local lawyers who can better assist you with your case?
Can you provide your phone number?
Not at this time. I will try to gently handle this one more time before filing a motion. Unsure how this impacts it, I recently filed bankruptcy and trustee is fully aware of the medical expenses and ex’s responsibility. I provided the trustee with the same spreadsheet and copy of the * court order. Should I leave it as is or inform trustee that ex is trying to use figures from * court decree.
Case Rating: *
Renée, Since the trustee is already aware of the medical expenses and the * court order, it may be beneficial to inform the trustee about your ex-husband's attempt to use figures from the * court decree. This will ensure that all relevant parties are aware of the current obligations.
Will the trustee favor in use of * figures or hold ex to the current * obligation
Case Rating: *
Hi Renée! The trustee typically upholds the most current court orders. Since the * modification supersedes the * decree, the trustee should enforce the updated obligations.
Have you considered providing the trustee with any communication that shows your ex's refusal to comply with the * order? This could strengthen your case.
I just received this response yesterday : I compared to full detail download from Anthem website. I am close to the total balance after adding a manual line items you paid for directly. I am having trouble following your math getting to the "Total Obligation" amounts on your spreadsheet. I attached another spreadsheet applying the calculation laid out in the Marriage Settlement Agreement and supporting documentation of invoices I have already paid. I have my obligation calculated at $*,*.* of which $*.* I have already paid. I have my remaining obligation at $*,*.*. I will be paying this remainder using my HSA account. In order to do so, I will need copies of outstanding invoices from you totaling close to that amount. If that is not available, I will need proof of paid invoices to submit for reimbursement from my HSA. Let me know how you would like to proceed or if you disagree with my calculations.
Case Rating: *
It looks like your ex-husband is still trying to use the * figures to calculate his obligations despite the * court order. Here are some steps you can take:
- Inform the trustee of your ex-husband's continued attempts to use the * figures.
- Provide the trustee with all relevant documentation and communication.
- Consider filing a motion for contempt if your ex-husband continues to disregard the * court order.
Would you like to proceed with any further questions or assistance?
Would this email from ex detailing his attempts and figures be sufficient to provide to the trustee in addition to the child support modification form date */*/* with my ex’s signature
Case Rating: *
Yes, Renée, the email from your ex detailing his attempts and figures would be useful to provide to the trustee, along with the child support modification form dated */*/*. This will help demonstrate that your ex is not complying with the updated court order.
Is there anything else you need help with?
The trustee already has the * signed document. Should I copy the original Marriage settlement and forward to trustee as well
Case Rating: *
Hi Renée! Since the trustee already has the * signed document, also forwarding the original Marriage Settlement Agreement could provide additional context. This ensures the trustee fully understands the changes from * to *.
Do you need any additional assistance?
No. Other than in * my ex claimed he could not afford the increase in child support that was ordered however continued through the year of * and as part of the recent email has stated he intends on taking the boys on vacation, buying our son a car, paying for his car insurance. However; is currently 2months behind on the joint timeshare loan that is currently in both of our names that he was court ordered in * to close.
Case Rating: *
Renée, your ex-husband's actions regarding the timeshare loan and his financial claims could be addressed in court. Here are some steps you can take:
- Document all communications and financial discrepancies.
- Inform the court about the timeshare loan delinquency.
- Consider discussing this with your trustee and possibly filing a motion for contempt.
Would you like any further assistance or information?
I brought it up to trustee in the * meeting of the joint timeshare. He said it was not worth pursuing the equity as he has not found it successful. However, my name would automatically be removed as part of the bankruptcy, making my ex fully responsible
Case Rating: *
Renée, it seems like your trustee has determined that pursuing the timeshare equity may not be beneficial, and your name would be removed as part of the bankruptcy.
Here are some steps you can take:
- Ensure all your documents and communications are well-organized.
- Continue to monitor your ex-husband's compliance with the * court order.
- If necessary, file a motion for contempt for non-compliance.
Is there anything else you need help with?
Would it be reasonable to also file motion for discovery regarding ex’s finances. There seems reason to believe that he is not being fully transparent with the amount of salary he is making. He seems to think he can manipulate numbers but trying to use inaccurate calculations for the medical expenses. Leaves me to suspect he has not included bonuses, housing credits, lifestyle flex account and health savings
Case Rating: *
Renée, it may be reasonable to file a motion for discovery regarding your ex’s finances if you believe he is not being fully transparent. This can help ensure a fair calculation of his obligations.
Would you like to know more about how to file a motion for discovery or any other legal actions you can take?
Yea
Case Rating: *
Renée, it sounds like you have a strong case for further legal action. Would you like to be connected to local lawyers who can better assist you with your case? If yes, I will need some information from you. What is your phone number?
Can my current attorney help me?
Case Rating: *
Your current attorney can likely help you file the necessary motions and provide legal advice regarding the issues you've described. If you feel that your current attorney is not addressing your concerns adequately, you may consider seeking a second opinion or consulting with another attorney.
Is there anything specific you would like to know about filing a motion for discovery?
No. I will seek my bankruptcy attorney’s advice first
Case Rating: *
Renée, it sounds like you have a good plan by consulting with your bankruptcy attorney first. They can provide specific advice based on your situation and help you navigate the legal complexities. If you need further assistance or have any other questions, feel free to reach out. Best of luck!
What is a good way to phrase to ex one more time in a non threatening way that the * modification with his signature supersedes the * marriage settlement and that my attorney is already aware and been provided the document
Case Rating: *
Hi Renée, you can phrase your message like this:
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Hi [Ex's Name],
I hope you're doing well. I wanted to gently remind you that the * court modification, which you have signed, supersedes the * marriage settlement agreement. My attorney has reviewed and is aware of this document. Please let me know if you need any further clarification.
Thank you,
Renée
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Feel free to tweak it to your liking. If you need any further assistance or legal advice, don’t hesitate to reach out.
He also states that he paid $* in expenses. First, he never communicated to me the statement he received for such bills. Secondly, the bill in which he paid, was not supposed to be submitted to insurance. The provider directly informed me that if I paid in full, $* at time of service, they would not submit to insurance. In which I did and have the receipt. They also said IF I received a statement, to call them so it could be corrected. He took it upon himself to pay a bill he did not have to had he communicated.
Case Rating: *
Renée, it looks like your ex-husband's actions are causing confusion regarding medical bills and payments. You might consider discussing this matter with your attorney to ensure that all payments are being handled correctly and according to the latest court order. Keeping thorough documentation of all communication and receipts will be crucial.
Is there anything else you need help with?
Help me phrase that to my ex spouse in regards to this
Case Rating: *
Sure, here's a way you could phrase your message:
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Hi [Ex's Name],
I wanted to clarify a recent issue regarding the medical bill payment. The provider informed me that if I paid $* at the time of service, they would not submit the bill to insurance. I did pay this amount and have the receipt. Unfortunately, you paid a bill that was not supposed to be submitted, and I was not informed by you about this.
In the future, let's ensure we communicate regarding any medical expenses to avoid such issues. The * court modification, which you signed, supersedes the * agreement, and my attorney is aware of this document.
Thank you,
Renée
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Feel free to adjust it as needed. If you need any more assistance or legal advice, don't hesitate to reach out.
He is also requesting to change some upcoming weekends. While I agreed to the first change; I feel adding additional changes is a little much. See what he sent: Regular Parenting Time Schedule It appears that due to the way our current parenting time and holiday time falls, I would have * consequtive weekends in March/April and you would have * consequtive weekends in May. Interested to know how you want to tackle this. I would suggest we switch a couple weekends such as; I give you the Easter Holiday weekend */*-* (day before your Bday and Pathway for Easter) and you give me */*-* (Brady basball tourney in Westfield). Are you agreeable to this or do you suggest otherwise? Sure that is fine. I have that change reflected on my calendar. Would you also be interested in switching another weekend? I would give you */*-* (Brady BB Tourney in FW) and you give me */*-* (Brady BB Tourney in Westfield)
Case Rating: *
Renée, it seems like your ex-husband is requesting multiple changes to the parenting time schedule, which might be overwhelming. You could politely decline additional changes if you feel it’s too much. Here’s how you might phrase it:
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Hi [Ex's Name],
I appreciate your flexibility with the parenting time schedule. However, I feel that adding additional changes beyond what we've already agreed upon might be too much. Let's stick to our current arrangement for now and revisit any further changes if necessary.
Thank you,
Renée
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Would you like any further assistance or information?
Given that he is trying manipulate medical expenses
Case Rating: *
Renée, it sounds like your ex-husband is not complying with the updated court order and trying to manipulate the medical expenses. Here’s a concise way to address the issues:
*. Medical Expenses: The * court modification supersedes the * decree, making the * obligations the current standard.
*. Communication: Ensure both parties communicate before making payments to avoid confusion.
*. Parenting Time: Politely decline additional changes if they feel overwhelming.
Would you like to be connected to local lawyers who can better assist you with your case? If yes, I will need some information from you. What is your phone number?
and now wants to keep modifying visitation I have to wonder if he is trying to somehow manipulate this in his favor too. According to Indiana Parenting Guide, I would get consecutive weekends in May. He has acquired a residence in the same town as the boys and I and it makes me wonder if he is trying to get every other during the month of May to « justify » his rent. Would this be accurate to assume
Case Rating: *
Renée, it's understandable to be cautious given the circumstances. However, without more concrete evidence, it's difficult to definitively say if his requests are manipulative. If you feel overwhelmed by his requests, you are within your rights to stick to the agreed-upon schedule.
Would you like any further assistance or information?
No. I will just decline his additional requests
Case Rating: *
Renée, it sounds like you have a good plan by declining additional requests and ensuring clear communication regarding medical expenses. If you need any further assistance or legal advice in the future, feel free to reach out. Best of luck!