Q: Time is split 50 50 with my son's father but I pay the healt insurance. Can I take him back to court for child support?
My son's father had him on an insurance policy and shortly after court dropped it and put him on medicaid. I now am a full time employee at my job and have signed up for insurance including my son. Can I take him back to court for child support? I pay for all of my son's expenses which is supposed to be 50 50 but he isn't paying me back his half of anything.
A: The child support is determined by a mathematical formula which factors in each parent's income, the number of overnights each parent has with the child and certain expenses, such as the cost of the child's health insurance and child care expenses. You may be able to request a modification of child support if the new amount is at least 10% higher than the old amount. You should retain an attorney for this.
A: You should consult with a family law attorney to assess child support from all angles, including changes in income. If you are now paying for the health insurance, that should certainly be factored into the equation. The father not helping with expenses is an issue, too, if they are court ordered. Additionally, with 50/50, it is presumed that he is helping with some things, like clothes, school supplies, etc. If incomes are the same and the only change is adding the health insurance, you should bet support, though it may not be a huge amount.
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