Legal Question in Family Law in California
Hi I am a single mom with have a 17 year old daughter. In the divorce papers my x-husband is to pay$400.. a month in child support kept her with med. ins. and pay half of all her tuition for school , school registration school clothes( I buy most of her clothes0and doctor bills. He remarried 4 years ago . He helps support her family. She has 2 teens and they have 2 babies together. He has been paying the $400 +$75 on a debt he owes me and most of the time gives $250 toward other expenses. Over the last 6 months he has let her health Ins. go twice without telling me ( this has happen before & I only find out when i need to renew her Medication or see her doctor.) He had her on An independent policy since 1999 but his new wife had her &the kids on State Ins.
( I was fine with that) but now he makes better money( or is claiming more because he is not self-employed any more)They were on Health families , also for low income families. Now I am told they are being review and every day it is a different story. My daughter has not had Med. Ins. For 3 weeks.& Twice I had to claim her uninsured so the county paid for her Medication. I am too self employed and have had a hip surgery and in pain with the other hip. I am still working but i have to be the one that is creative with getting her what my daughter needs. Financial aid from school etc.So I have not wanted to take him back to court because I only have a year but i have been telling myself this for the last 4 years...He is a kind man to my daughter but he tells her & me that he has a new family now and has other responsibilities. 8 Adults live in his wife's home (her family) and5 children. But he expects me to pay for 95% of my daughters needs. The last 2 years I have her most of the time. She may go over for one night a month. Her room was just emptied out and put in his mothers garage. They decided to give it to the babies (with out warning). So if he is not living up to the divorce papers will the court hold him to the agreement or will they accept his excuses that he has a new family ?
1 Answer from Attorneys
Your question suggests that there is a court order for father to pay something towards the support and health care of your daughter but father is not abiding by the order. If this is the case, you should consider returning to court to enforce the terms of the order and set a schedule to receive the arrears now owing. If there are support orders that you think are too low and/or are not properly covering the medical expenses of your daughter, then a motion for modification of the current orders would be the appropriate approach. If you are seeking new orders, you can only ask the court for new orders to go back to the date the motion was filed, not al the way back for the 4 year time you mentioned in your question.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
