What to do if my ex-wife is the custodial parent and not paying health insurance as court order states that she should?

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What to do if my ex-wife is the custodial parent and not paying health insurance as court order states that she should?

My husband has an income of $3,908 per month and pays $13,60 in child support for 2/6 year old twins. At the time of the divorce decree his income was $4,000 per month; it has been reduced due to mandatory furlough days for teachers. On the child support worksheet an income of zero was imputed for the mother and she was also supposed to pay $245 for health insurance. Based on the fact that she has never paid health insurance and no income was imputed for her, is it possible to get the amount of child support reduced since she does work 2 days a week as a substitute teacher. Can we reduce our amount?

Asked on April 15, 2012 under Family Law, Georgia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Ultimately it is up to the court to make the final decision with respect to any reduction in your husband's child support payments for his children if the former wife is not making the $245 monthly health insurance payment for the children.

Since health insurance for the children is a major issue in this country and the court has an obligation to make sure the childrens" needs are taken care of, I doubt that your husband's monthly child support of $1,360 will be reduced by the $245 that the former wife is not making per month. I suggest that it is imperative that the health insurance costs of the children be made for their benefit and that your husband consult with a family law attorney about the possibility of filing an order to show cause re contempt against the former wife for not making the $245 health insurance payments.


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