I am paying child support regularly. I am also responsible for 33 percent of child care and medical expenses in addition to the regular support. However, I am unable to cover this financially and have not been paying the extra expenses.
My ex just filed a modification for full legal custody. As I understand it, these extra expenses are not enforced by the court. Can she keep a tab and come after me for full custody at this point in time for the expenses? Is there a way I can reduce the amount of the extra expenses or control what is being spent on her end?
While I am not licensed to practice law in your state, I can give some general guidance on this issue.
First let me preface my answer by stating that I am not a licensed attorney in the state of Connecticut and therefore, I am unfamiliar with that state’s statutes, rules and customs that may have a bearing on the outcome of your question. You should consult an attorney in your jurisdiction to get specific advice for your question.
Many states will require that in addition to child support, each parent is responsible for their proportionate share of any work related child care and any medical expenses not covered by insurance. In essence what the states are doing are specifically carving out these additional expenses as above and beyond what traditional child support pays is meant to cover.
The percentage you pay will depend upon your states statutes and rules. In some states, the Court are strictly limited to what they can do on this percentage as statutes will dictate a formula to calculate the percentage. In other states, the Court may have leeway based upon any unique facts that may be present in your case.
You should consult an attorney about possibly lowering your child support, or the percentages that you have to pay, in order to avoid this expense in the future.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.