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  1. #1
    Join Date
    Dec 2010
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    3

    Angry Moving Out of State Without Notifing, Requesting More Support for Health Insurance

    My question involves child support in the State of: nevada
    I live in NV until Feb my child lived in NV also with her mother. In the middle of Feb my daugher (12) told me her mom and stepdad were moving to CO. The mom has NEVER talked to me about this. We were never married and have no visitation order in the court, simply an understanding, I would get her about 1-2 weekends a month as her schedule around school and sports allowed. I've paid child support since she was born. She has filed a review of the case claiming because she moved the health insurance provided by my employer is no longer valid (it's Health plan of NV and can only be used in emergency situations outside of the state) therefore she is asking for more $ to cover the cost of health insurance. I am providing health insurance for her! What is the likelihood of her recieving more support based on this? Also, do I have a vaild arguement as she NEVER told me she was moving? Also can she move the support case to CO? I have paid for her tickets 2 times since Feb to come and visit me and paid child support for the entire month she stayed with me this summer. Will this be taken into account??

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
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    35,894

    Default Re: Moving Out of State Without Notifing, Requesting More Support for Health Insuranc

    She has a reasonable chance of having it amended.

    You could argue that since she moved she created the situation wherein you cannot reasonably fulfill the health insurance without suffering further hardship yourself. I'd certainly try it! It may also depend on the last time it was reviewed - how long has it been?

    The fact that she never told you is really neither here nor there since it's all over and done with; you could have actually filed in court to prevent the move (not that it would have been a slamdunk) but since you didn't it's likely moot.

    Your child support doesn't cease because kiddo is with you for visitation (even an extended period such as a month); it's generally figured on a yearly basis then divided up so even if you didn't pay for June (for example) you'd simply end up paying more during the other months.

  3. #3
    Join Date
    Dec 2010
    Posts
    3

    Default Re: Moving Out of State Without Notifing, Requesting More Support for Health Insuranc

    Quote Quoting Dogmatique
    View Post
    She has a reasonable chance of having it amended.

    You could argue that since she moved she created the situation wherein you cannot reasonably fulfill the health insurance without suffering further hardship yourself. I'd certainly try it! It may also depend on the last time it was reviewed - how long has it been?

    The fact that she never told you is really neither here nor there since it's all over and done with; you could have actually filed in court to prevent the move (not that it would have been a slamdunk) but since you didn't it's likely moot.

    Your child support doesn't cease because kiddo is with you for visitation (even an extended period such as a month); it's generally figured on a yearly basis then divided up so even if you didn't pay for June (for example) you'd simply end up paying more during the other months.
    it has been 3 years since it was last reviewed and I have received a raise since then. Also, I had another child on support at the time, but since that time he has moved with me and I have ceased child support to his mother. She though pays nothing to me in return.
    I know that I have to continue to pay when she is with me, my concern is if they will take into consideration that I am paying to have her come out. Her mother refused to split the cost or contributing anything in flying her back to see me when she moved her away from me.

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Moving Out of State Without Notifing, Requesting More Support for Health Insuranc

    Honestly, you need to go to court and get a visitation order set up.

    Because Mom moved she'd usually be responsible for the costs of visitation...but since you didn't have a visitation order to begin with (in other words, nothing to modify) there would be a better chance that you'd be expected to split the costs 50/50.

    If you've had a raise and it's been 3 years, Mom has a good chance at getting something of an upward modification anyway. But yes, you should go to court and get a visitation order which specifically addresses who is responsible for transportation. Court orders protect all of you

  5. #5
    Join Date
    Dec 2010
    Posts
    3

    Default Re: Moving Out of State Without Notifing, Requesting More Support for Health Insuranc

    That would be a problem as I've talked to a lawyer and as it's been more than 6 months since she has left the state, NV no longer has jurisdiction and I would have to travel to CO to fight.
    Can she moved the support order to CO? Or does it stay in NV since I live here?

  6. #6
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Moving Out of State Without Notifing, Requesting More Support for Health Insuranc

    Child support as a rule stays with the NCP, though she could try to have jurisdiction changed.

    Colorado would have jurisdiction in terms of custody and visitation, yes. So you'd need to file in CO.

    link to CO forms

    What I think might be best is a very specific parenting plan which does NOT use terms such as "when both parents agree" or "at the custodial parent's discretion". Request regular visitation and specify which holidays, how long in the summer, whether you'll alternate Easter and spring break etc., and consider things like "CP will make Kiddo available for webcam/phone/skype visitation Monday and Thursday evening during 6-8pm" or something.

    Deltabravo is a great resource - there are some decent long-distance parenting plans such as this one available on the site.

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