I have a son who will turn 16 in December and I have never missed a child support payment in 11 years. I underwent two brain surgeries and again I'm having some health issues. As of this moment I have been home on sick pay, but I may be put on disability soon. How will this effect my court ordered payment that comes from my pay check paid directly to my ex-wife and his health benefits I also carry for him. I know my ex-wife also carries health benefits for him as well and has not used mine, but a few times over the years. I'm not sure how to handle all of this.
By Tom
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Go back to the attorney who handled setting up the initial agreement (custody, child support, etc). He/she will be able to return to the court and ask for an adjustment in light of the situation you are in now. Yes, there will be a fee but in light of your health concerns and subsequent reduced financial situation the attorney may be willing to work with you re the fees. Better to pay a little now than to pay a lot more if this isn't handled correctly (meaning legally so that everyone understands the terms and no-one tries to say they're not being fairly treated).
It would be a great help and financial savings if you and your ex can work out an agreement between you that is fair to everyone - your child, your ex, and you. If the two of you can sit down and work out a fair agreement before going to see the attorney, you will save money on attorney fees, you will save time getting it set up legally, and you will save the emotional stress of having to have everything go through attorneys if you can't work together for the sake of your child.
Considering what you're going through, I'd say you don't need the stress - you don't need to be spending extra time sorting this - and no matter why you and the ex split up, it will be a huge help for your child if the mum understands what you are enduring.
I include your ex in this because she really will be affected by the changes when the amount of support she can count on to provide for your child changes; she needs to be part of the planning and she needs advance warning.
I hope everything turns out well for you re your health concerns!
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