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Modifying Support Order Due to Change in Circumstances - How to Proceed

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  • 02-09-2011, 12:46 AM
    dollymom
    Modifying Support Order Due to Change in Circumstances - How to Proceed
    My question involves child support in the State of: TN

    Hello, my first post and I will try to be concise.

    Divorced 10+ years ago, one child who is disabled (was very young at the time and that was not known or considered in parenting arrangement). Support was agreed upon at the time with him paying monthly support, plus covering all medical bills and providing child's insurance. I was to take the tax deduction every year and we have joint custody with standard visitation. There was no problem with this for 5 years.

    We then had custody issues and it was settled with him lowering what he paid in support, both medical and financial. The day we mediated and signed the new parenting plan, I was not asked to bring or provide any proof of income (I did not know to) and neither did he. His lawyer put down low numbers for him and put me down with the standard income (I think it was $26K or so) and I was not employed. Plus his monthly support was lowered, he now only pays 1/2 the medical bills and we trade out the tax deduction every other year. He is to maintain primary health insurance on our child. Still no provision for the child's disability.

    Over two years ago, he dropped insurance coverage because it got 'too expensive'. The child IS covered under the step-father's group policy. But this results in much higher premiums for us since we had to change to a family plan instead of just a couple policy and we pay much more out of pocket, even when he pays half of the child's medical bills. Many of the child's medical providers are not in our 'network' and were in his old network before he dropped coverage.

    We have offered numerous "solutions" to the father because he claims he can no longer afford to get insurance on the child. We suggested that he simply pay the difference in our policy. He said no. We suggested that we get the tax deduction each year to offset our cost. He turned it all down.

    He has since divorced (2nd time) and remarried (3rd time) and has no other children. He recently offered us a 'deal' where he would get the tax deduction this year (it is *our* turn) and then he would let us have it for the next 3 years in lieu of him providing insurance that he says he cannot afford. ??? The child is 14. He is now angry because I said that this is not equitable and does not protect the child at all.

    I do not want further issues with this person, but at the same time our child needs protection. If something happens to him when he is visiting, he cannot even provide medical coverage because the only insurance is in the step-father's name!

    After 2 years, it is clear that he is not going to obtain any insurance coverage which he is required to do. Therefore, I would think the support agreement needs to be modified. It also needs to reflect that the child will be covered and supported past the age of 18 due to being fully disabled because from the comments of his father, he thinks support ends in 4 years.

    Am I correct? If so, how do I go about this? I dread the thought of lawyers and courts again.

    BTW - he pays me directly and support was always done as signed legal support agreements (mediated or between the attorneys), but not via the Tennessee standard worksheet or handed down by a judge. :wallbang:

    Thanks for any suggestions, help, advice...anything.
  • 02-09-2011, 08:38 PM
    Mr. Knowitall
    Re: Modifying Support Order Due to Change in Circumstances - How to Proceed
    Do you qualify for help through DHS, Child Support Services?
  • 02-09-2011, 09:21 PM
    dollymom
    Re: Modifying Support Order Due to Change in Circumstances - How to Proceed
    No, we have tried that numerous times. In our state, the only children with disabilities who automatically get health cover are those who get SSI. Because the system counts my husband's income for that (household total), we don't qualify. If the child was 'uninsured' completely, there is a chance that the state would provide cover but it is minimal and doesn't cover his therapies.

    Getting health cover is not an issue. The step-father's insurance covers the child. But it is not his responsibility to do so though he is happy to and will no matter what. The question remains for me is how do I go about getting the support order modified due to the change in circumstances?

    Thank you very much for the help.
  • 02-10-2011, 06:48 AM
    Mr. Knowitall
    Re: Modifying Support Order Due to Change in Circumstances - How to Proceed
    DHS offers a standard form petition for modification of support here.
  • 02-10-2011, 12:25 PM
    dollymom
    Re: Modifying Support Order Due to Change in Circumstances - How to Proceed
    Thank you. Is this filed directly with a court or through an attorney? I don't know what the process is. I apologize for 'dumb' questions. I have tried researching. We also no longer have the attorney we had before and would not use them again.
  • 02-10-2011, 01:53 PM
    Dogmatique
    Re: Modifying Support Order Due to Change in Circumstances - How to Proceed
    You can file directly with the court yourself - you don't need an attorney :)
  • 02-10-2011, 02:15 PM
    dollymom
    Re: Modifying Support Order Due to Change in Circumstances - How to Proceed
    Quote:

    Quoting dollymom
    View Post
    .... I have tried researching. We also no longer have the attorney we had before and would not use them again.

    Sorry for quoting myself, but I would like to clarify that when I said *them* I meant I would not use the attorney I previous had (or else I would ask them these questions) - not attorneys in general. :o

    If I have to, I will find a new one. But I would rather keep attorneys out of it if at all possible. That will 'set-off' the other party.
  • 02-10-2011, 02:21 PM
    Dogmatique
    Re: Modifying Support Order Due to Change in Circumstances - How to Proceed
    OK, you'll file the forms with supporting evidence and then Dad will be served. He will be able to respond and then there will be a hearing. The state will generally follow guidelines but is also allowed to deviate.

    A modification isn't a difficult thing, so don't sweat too much.
  • 02-10-2011, 02:29 PM
    dollymom
    Re: Modifying Support Order Due to Change in Circumstances - How to Proceed
    Quote:

    Quoting Dogmatique
    View Post
    OK, you'll file the forms with supporting evidence and then Dad will be served. He will be able to respond and then there will be a hearing. The state will generally follow guidelines but is also allowed to deviate.

    A modification isn't a difficult thing, so don't sweat too much.

    I had a post typed twice and it disappeared on me. LOL... Oh, well. I think you answered my question.

    I only have my supporting evidence. He doesn't provide me with his tax forms or anything. But I am guessing he would have to to the court, though :).
  • 02-10-2011, 04:34 PM
    Dogmatique
    Re: Modifying Support Order Due to Change in Circumstances - How to Proceed
    yes, he'll be required to provide financial information like that to the court :)

    If he doesn't..well, it likely won't end well for him.
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