Legal Question in Family Law in New York

Child Support

Hello,

My husband deducted the amount he paid for a medical bill from my child support payment. Even though he verbally agreed to take care of it. Is this legal.


Asked on 10/30/04, 4:33 pm

1 Answer from Attorneys

Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Child Support

Health and medical care and insurance payment arrangments, are now required to be included in child support Court Orders. If you don't have the "medical care" or health insurance component of the child support order, then you should Petition for modification of your CS Order, for specific inclusion of the Medical care component.

At the same time, it may be possible for you to recoup the The payment of the medical care "invoice" that reduced your child support payment.

However, if the sum is nominal and the father is otherwise a "good father, you might want to allow him a "pass" this time. But, only after a discussion with the father, where you have an opportunity to express your hurt, and disspointment in him and his apparent lack of care and concern for the children's needs. Do NOt personalize, stay focused and quietly tell him that you expect him to honor his obligations w/o the necessity of further litigation; but if necessary, you're fairly certain if the court has to be revisited, to get him to do that which HE should know should be done, you will do it. Challenge him..., in your conversation and ask him, whether he is a MAN or a Boy, in need of a "Pater" figure, ie., a Judge, to tell him what to do and how he should be behave.

Good luck,

Phroska L. McAlister,ESQ

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Answered on 10/30/04, 5:14 pm


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