Q: How do I proceed if I need to modify my cs order to include things previously left out that have become an issue?
I was never married to my son's father and the court order we have is over 6 years old and pertains to me living out of state which I no longer do. It only lists that we both have joint legal custody and I have primary physical custody, his visitations which only includes Christmas and child support amount. There is no mention of any other holiday. There is no mention of school related and medical related costs. There is no mention of extracurricular activities. He is under the impression he is to pay child support and have him on his insurance and that is it. He thinks I should pay the balance that is applied to HIS deductible when I take my son to the doctor who I have medicaid on. He refuses to half prescription costs. He refuses to split school costs for supplies or field trips. My son is going to need braces soon and I am beginning to really worry about finances. His child support has also not been modified since 07/27/11.
A: You can go back to court to attempt to have him pay half of the uncovered medical expenses. Rule 32 anticipates health care expenses, but does not apply to extracurricular activities. You probably will have no luck there. His impression that you mention is basically correct. You can modify support if his income has increased by 10 percent or more. Hire someone to help you with this. Mobile county Courts are difficult to navigate without counsel on these issues.
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