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Posting for my brother (again)
Background ... boy/girl (16 & 17) live exclusively with him. At the time of the original agreement, boy was going to live with him F/T and girl was going to do 50/50 access so my brother was paying offset CS.
Fast forward less than 3 months after agreement signed/filed and girl moved in with dad permanently. Took another 3 months and my brother asking and asking about stopping paying CS and having her pay CS and her refusing. My brother then filed a Application (which was subsequently withdrawn) for his ex to agree to an "amendment" of the original order stating that the children lived exclusively with him and that he was no longer required to pay CS but that she was instead. This amendment was also filed with the courts.
His ex took him to court Jan 3rd to attempt court to order access and reverse the Divorce Order that was in the works. Motion took less than 10 min. Judge said divorce was going through and he wouldn't issue an order or force access.
Now we're onto Medical/Dental benefits ... his ex was covered under his employer's benefit plan and now that he's "divorced" can't be ... but he is still willing to pay out of pocket until the terms of the Sep Agreement are met.
Problem is when he puts her on an individual plan the benefits aren't identical to what he had at his work. She's ranting & raving, stating that she gets to choose what provider to go with. He has 4 different quotes at varying costs and is willing to have her pick one of the 4. She wants no part of it and states that it must be the exact same coverage.
I disagree with her when reading their court order ... It states:
7.2 While required to pay child support under this Agreement, (my brother) will maintain the children covered on his medical, extended health & dental coverage through his employment for as long as it's available to him. He will also maintain (his ex) for coverage on his extended medical benefits from employment or provide private coverage for a period of three years from the date of this agreement, such coverage to cease for her if she remarries, cohabits with another person for more than 6 months, or receives benefits through her employment. (Ex) agrees to notify (my brother) if she is entitled to such benefits from employment.
Two things stick out ...
1) I don't see where it states that benefits must be at a certain level. Heck, her employer could offer benefits tomorrow that are 50% less than what my brother is offering and he'd be off the hook in my mind.
2) reading the first line it states "While required to pay child support under this Agreement, (my brother)..." well, he is NOT REQUIRED to pay Child Support any longer, SHE is
I feel he's being MORE than reasonable even offering to pay out of pocket (approx. $175 - $250 month) until either Sep 2014 or until she remarries or cohabits or gets benefits through her own employer.
Opinions please?
Background ... boy/girl (16 & 17) live exclusively with him. At the time of the original agreement, boy was going to live with him F/T and girl was going to do 50/50 access so my brother was paying offset CS.
Fast forward less than 3 months after agreement signed/filed and girl moved in with dad permanently. Took another 3 months and my brother asking and asking about stopping paying CS and having her pay CS and her refusing. My brother then filed a Application (which was subsequently withdrawn) for his ex to agree to an "amendment" of the original order stating that the children lived exclusively with him and that he was no longer required to pay CS but that she was instead. This amendment was also filed with the courts.
His ex took him to court Jan 3rd to attempt court to order access and reverse the Divorce Order that was in the works. Motion took less than 10 min. Judge said divorce was going through and he wouldn't issue an order or force access.
Now we're onto Medical/Dental benefits ... his ex was covered under his employer's benefit plan and now that he's "divorced" can't be ... but he is still willing to pay out of pocket until the terms of the Sep Agreement are met.
Problem is when he puts her on an individual plan the benefits aren't identical to what he had at his work. She's ranting & raving, stating that she gets to choose what provider to go with. He has 4 different quotes at varying costs and is willing to have her pick one of the 4. She wants no part of it and states that it must be the exact same coverage.
I disagree with her when reading their court order ... It states:
7.2 While required to pay child support under this Agreement, (my brother) will maintain the children covered on his medical, extended health & dental coverage through his employment for as long as it's available to him. He will also maintain (his ex) for coverage on his extended medical benefits from employment or provide private coverage for a period of three years from the date of this agreement, such coverage to cease for her if she remarries, cohabits with another person for more than 6 months, or receives benefits through her employment. (Ex) agrees to notify (my brother) if she is entitled to such benefits from employment.
Two things stick out ...
1) I don't see where it states that benefits must be at a certain level. Heck, her employer could offer benefits tomorrow that are 50% less than what my brother is offering and he'd be off the hook in my mind.
2) reading the first line it states "While required to pay child support under this Agreement, (my brother)..." well, he is NOT REQUIRED to pay Child Support any longer, SHE is
I feel he's being MORE than reasonable even offering to pay out of pocket (approx. $175 - $250 month) until either Sep 2014 or until she remarries or cohabits or gets benefits through her own employer.
Opinions please?
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