Child Support 12 Years After Divorce?

[m1egg]

Background:
Divorce Decree Dated 1/29/98 - Joint Custody, Shared Child Expenses, Two Dependents (ages 2 and 3 years old in 1998). However, primary custody has been with Mother for the entire period following the divorce with every other weekend spent with Father. Mother has covered ALL child care expenses except health insurance which was covered by Father's family plan from sometime in 2005 to 6/30/2010. Father was already paying "family" plan health premium for his wife and two dependents. So, adding two more dependents did not increase his health insurance premium. Father has decided to stop paying his family health insurance as of 6/30/2010. Mother has obtained health coverage from her employer at an additional cost of $160 biweekly.

Question: Can I petition for child support now to help cover health insurance costs? And would this require a petition for full custody or just enforcement of vaguely stipulated "shared" expenses in divorce decree? Would the cost of representation exceed the potential benefit?

[Attorney Howard Iken]

Very interesting question.

It would depend on the exact language of the "shared expenses" provision, but that is possibly a cost-effective angle to address this situation. The word "shared" implies 50/50. And health insurance for children is considered a necessary purchase. If you do it this way, you would file a motion and hold a hearing. Less cost than a full modification proceeding.

A modification at this point would be for recalculation of child support. Again, the exact language of the last final judgment and a consideration of current costs would be needed. Given the age of the children - yes, it would be worth it at this time.

Attorney Howard Iken