Legal Question in Family Law in California

Re: Modification of Child Support

The answers to both questions are yes. Contact an attorney to assist. 800-685-6950

Re: Modification of Child Support

1. Yes. You should be able to. But, you will probably have to do it either in California or wherever you were granted a divorce if it follows the doctrine of continuing jurisdiction.

2. Depends on what your decree says. Also, it may depend on how long this circumstance has been in place and how recently you moved to Nevada. If you've been there a long time, the Court might feel it was not reasonable for you to have waited so long. Or it might come down to the exact wording of the existing order. I would need more facts.

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Re: Modification of Child Support

The goal in Nevada is to have the children covered by insurance. If they are covered by your insurance, the court will likely be satisfied and allow a modification. If your ex-Wife's insurance coverage is not costly, she may want to consider keeping it if the children visit her fairly frequently since it is possible they could require medical attention in California while visiting her there and your insurance may not pick up the charges.

With regard to reimbursement for medical/dental. It depends on what state you were divorced in and what your Divorce Decree states. If your Divorce Decree provides for reimbursement, you can seek reimbursement. If you have been notifying your ex wife about the medical charges, seeking reimbursement, and she has not reimbured you then you should be able to get reimbursement.

Although, to verify this information you will need to check with an attorney in the applicable state.

Re: Modification of Child Support

Yes, you can have the order modified, however, that may not result in a much greater child support payment, if any, or a change in the costs of the insurance to you. The court can order him to pay one half of the uninsured medical costs, such as deductables and co-pays, and almost certainly would. Get a consultation from an attorney in the county where your current child support order is filed to give you more definative answers to the effect of the modification. Good Luck, Pat McCrary

Reply: Modification of Child Support

Yes, and probably yes.

I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various family law issues at my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.net