Q: My ex wife recently got divorced. The ex husband pays her child support (for their child) and alimony. Is this income?
When we settled on our case she didn't work. Therefore, I pay $750 a month in support. My income has dropped considerably since the agreement was made. Can I modify the $750 payment based on my income being less and her income possibly being more? Also, per our last agreement she was to cover health insurance and I was to cover dental. Now she is asking for me to cover both. If I need to put my daughter on my health plan how can I collect from my ex wife?
A: You need to return to court for a modification. Her new child support for the other child is not income but the alimony is income. Child support is always modifiable until the child emancipates. When the child support is recalculated based on each of your current incomes the new insurance premiums can be included as well.
Bruce Alexander Minnick agrees with this answer
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