Statesville, NC asked in Child Support for North Carolina

Q: My ex was required in our divorce decree to provide our childs health ins. he is now on disability will he stil pay?

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Amanda Bowden Johnson
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  • Jacksonville, NC
  • Licensed in North Carolina

A: How are we to know what your ex will or will not do? Presumably since you know him best - you are in a much better position to predict what he might do. In any event, since it appears he hasn't stopped paying yet - there's really nothing to worry about until there is something to worry about. That said, generally there is a difference between what someone is obligated to do and what they actually do. Based on your question it appears he is court ordered to pay for the child's health insurance - so he has a legal obligation to do so. However, it is entirely possible that he may simply refuse to do so. If so, you will then need to decide if it is worth taking him back to court over the issue. It may be a difficult decision for you because unless you are still on good speaking terms and he is an honest stand up guy, you won't know if his failure to pay is legitimate or not. It may be the case that now that he is on disability he can not afford the child's insurance, in which case, if you take him back to court, he may counter with seeking to have the court order modified based on a substantial change in his financial circumstances. Or it could be that he can afford the insurance even on disability its just that doing so cuts into his beer and hooker money. You would need to know which is the case otherwise you are rolling the dice blind and could be wasting your time and money taking him back to court if he does stop paying.

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