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  1. #1
    Join Date
    May 2011
    Location
    upstate, NY
    Posts
    74

    Default Unable to Keep Obligation of Temporary Child Support Order

    My question involves malpractice by a lawyer in the state of: NY

    When the temporary order was put in place last March/April I had been made aware by my employer that I was about to be laid off for an indefinite period of time.....well that would turn out to be over 5 months. My HRA (health fund that pays my health insurance) was running low and I had fears that I could not maintain the court ordered 188.98 a week CS and pay a Cobra should it run out. I let my attorney know this before the order was derived. Her question was how long will it carry you. I responded until about October......Fortunately, by the skin of rear, work proceeded once again and I started to build my HRA and was able to meet premiums and pay the CS with no issues outside of not being able to afford a place to live and relying on family to provide a roof over my head. Now, unemployed once more, my HRA is going to last only 2 more months at best as my premiums went from 639 per month to well over 1000. I have no way to pay this at all as my unemployment only leaves me 165 per week after they take out CS. To make Cobra payments, I will not be capable of doing that with what is left. I asked my attorney to address what I can do in this instance being its a temporary order and 3 weeks have passed and I asked again to day, I am desperate to find out if anything can be done to address the temporary order that states I provide health insurance as an add-on. What are my options with an unresponsive attorney & no funds to seek council elsewhere? Can this temporary order be appealed now that its over a year old? I have to maintain a vehicle should I be called back to work and my work takes me over an hour away at times. Selling my vehicle is not an option or I will be without transportation, I'm already without shelter, but for the kindness of family. Any tips to force my attorney to respond, I am paid up to date with her and she is supposedly the best around, I just don't understand her blowing me off. I don't hound her with 99 questions, this is my 3rd inquiry in over a year's time.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Unable to Keep Obligation of Temporary Child Support Order

    Presumably your attorney has filed a motion for modification of support based upon your change in circumstances. The court can order a modification retroactive to the date of your petition if the facts support it. Until then you need to do your best to follow the existing order, as your lawyer has no doubt already told you. I'm not unsympathetic - but you do have to work through the system.

  3. #3
    Join Date
    Dec 2007
    Posts
    529

    Default Re: Unable to Keep Obligation of Temporary Child Support Order

    Do you need a health insurance plan at that price? Meaning can you save money by finding a higher deductible and lower cost to you to get you through this tough time? Cobra is meant to make sure you are not uninsured for a few months, but not a plan to be on if it going to be lengthy. Unless you need ongoing medical attention.

    Just asking...

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Unable to Keep Obligation of Temporary Child Support Order

    Often a temporary support order will require the parties to continue their health insurance coverage in relation to the children, and sometimes in relation to the other spouse.

  5. #5

    Default Re: Unable to Keep Obligation of Temporary Child Support Order

    You are right, selling your car would be a bad idea cause that money would not last and even after it was gone, you would still be out of transportation.

    OK with the COBRA thing, is that some kind of health insurance that you have to keep on the kid or is that your own coverage? Reason I ask is -

    If it's for the kid(s), it may be hard to get out of paying but if it's for you, there is the option of state health care for yourself. What you would need is - Your state ID, some kind of mail coming to your residence to prove you live there (any type of bill would work) any income, savings, a letter from unemployment stating your wage earnings, and maybe a letter from your employer stating about being laid off. They might have some other things they need but of course you will have to look into it for your own state. What i stated was for Indiana's state health care. Other states probably similar.

    State health care might sound bad but it is no worse than non-GOVT insurance companies who refuse to cover pretty much anything. Probably better off with GOVT health care. Plus it won't cost you $1000 a month. Only costs are small co-pays if you do see a doctor.

  6. #6
    Join Date
    May 2011
    Location
    upstate, NY
    Posts
    74

    Default Re: Unable to Keep Obligation of Temporary Child Support Order

    Firstly, Cobra is my alternative for letting my insurance drop altogether. It means that it will have to be paid directly out of pocket versus when I am working and have contributions from my employer that make that payment. 1000 dollars on 165 per week is not possible whatsoever, without some form of other income and there is nothing remotely close that would even resemble my financial scenario for my obligations the court has set forth. I'm locked into either working or not without things becoming even worse and 165 a week is bad enough to live on. So short of criminal activities, I am stuck between a rock and a hard place with regards to that.

    Secondly: A downward modification is not allowed according to my attorney because of the fact that I am still in a temporary order of support (13 months and counting)

    I'm not sure about the state funded healthcare, but I'm pretty sure they look at your gross pay and I'm betting that I won't qualify for anything, but I will check into that. However I am ordered to provide it not just for my child, but for my wife so it would be a family plan which I think will make it more of a challenge. I will research this though

    This is why I may be asking repetitive type questions on here as I am getting desperate to get an answer with my insurance running out. I try to get my attorney to answer this by stopping in and her paralegal writes it down and says she'll give it to her, but so far (2 times in over a month) I get no response whatsoever. I told her this was a 911 type of question. This is only the 3rd time I've asked questions outside of when have met in court for pretrial, and all the other go nowhere nonsense during the custody that was done rather promptly last year. We are in the last phase, the divorce. Equitable distribution and she is absolutely unresponsive. I sold my home and she's sitting on a non interest bearing account until all is settled......I just don't understand why she can't have 1 minute to write a response of what my options are or make a suggestion so that I am not forced into violating a court order. This will become even more complicated as I have back and knee issues and my soon ex has high blood pressure. If my insurance lapses, will the pre-existing condition status that insurance companies make things worse as the courts will then make me pay all her costs out of pocket? I'm trying to be reasonable, but I told my attorney before the order even started that I didn't have enough funds to cover premiums but until fall of last year. Why don't the courts understand the realities of situations, thats why I wanted to know if I can appeal a temporary order that is over a year old..........torn meniscus, patella injury that I cant get the surgery on due to my not having money to pay the copays and my heriated discs are all ongoing as well as her high blood pressure and her monthly treatment from her psychologist for anxiety are all pre-existing conditions. I am also obligated to pay all dental of which she decided to get her teeth fixed for over 4K and I don't have any dental. She had a bunch of temporary fillings and never finished the root canals when we lived in Va. Beach under her dental plan. I have to pay 78% of all copays, all dental. What little I have left does not allow me anything to live on. This is criminal court, that would allow anyone to be put into such a dire situation without any recourse.

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