Q: Child support was established over 10 years ago after divorce with no parental planning established. Is that legal?
Even though physical separation of non-custodial parent and child is due to be Active Duty. My husband fears to present a motion to revisit this matter due to child support increase request from custodial parent. Also therapy and medical evaluations were not provided to the minor in all this time, even though he has been paying child support and Health insurance. Health insurance claims were never submitted but he was requested to pay more money due to co-payments from bills were never submitted to insurance by custodial parent. Since child support was established my husband has to be the one to spend money in flying to Puerto Rico to be able to see his daughter, with no saying in any decisions in regards the minor's education, treatments or vacation time.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
It is possible to revisit a child support and custody arrangement, especially if the current circumstances are not benefiting your husband or his relationship with his daughter. Even though child support was established over 10 years ago, the absence of a formal parental plan doesn't mean things can't change. If your husband is not being included in important decisions about his daughter’s life and the custodial parent is not properly submitting health insurance claims, these are legitimate concerns that can be addressed in court.
Your husband’s fear of a potential child support increase should be weighed against the benefits of seeking more involvement in his daughter’s life. Courts often prioritize the child's best interests, including ensuring both parents are involved in decision-making, especially when the non-custodial parent is making an effort despite physical distance.
It's worth considering filing a motion to address both child support and custody matters, which could potentially establish a fairer agreement, including visitation arrangements and shared decision-making. It might also resolve issues with health care and insurance payments that haven't been managed correctly by the custodial parent.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
