Basically this case would have to go in front of a judge, am I right?

First, in some states, the AG's office does deal with Familiy Court matters. That's probably why the AG is involved here.

Second, Many states have rules on the frequency that modifications can be applied for. Most often the waiting period is a year so the AG's office may be right that you have to wait another 6 months to apply for another modification.

I agree with the others that $166 is very high for just a child. So demand to see a bill and refuse to pay if she doesn't produce one. If you do that her choices are to produce the bill or take him to court. If she does take him to court, she will still have to produce a bill. If she has been falsifying the amount she will be in big trouble. And he can then sue her for what he has overpaid.

I don’t think I read where the OP was from but I pay about that much for one child here; I think it depends on the policy. HMO, PPO, co-pays, hospitalization, prescriptions, therapy, etc. As long as the policies are the same or just about the same a Judge would have no reason not to change the order and allow the NCP to carry the child on their policy. However, I could see the judge keeping it the same if the policies are very different. Such as the NCP has $25 co-pays per visit and the child can't continue to go to the same doctor but would have to pick one from a list or the visit cost and co-pays are higher like they only cover half the visit or something crazy like that. While the CP has a $10 co-pay and can go to any doctor anytime without costing more. The CP usually pays all the co-pays and prescription costs. – OP does she get reimbursed for those too?

Here, in Virginia, they build the cost of the premiums and any long term medical care, such as therapy, braces etc, into the child support and then the CP is responsible to pay it all. In addition the CP has to pay $250 per child per year of the uncovered medical costs before the NCP has to pay their percent. If something changes the entire support gets recalculated and a new order is written and that can only be done once a year with a twenty-five percent change in circumstance or every three years otherwise.

Again, I don’t know where you are at but most places have the guidelines and what to expect if you go to court on an official website. You might try going to your local courts website they might have it there. That way at least you have any idea what to expect and you would know if any of the laws changed. Also the newest order is what the judge will go by, unless it states to look at a past order. (The wording might read – support amount is changed to $XXX.XX with all other points remaining the same in the order dated XX/XX/XXXX. – in the orders here there is a box that is checked that states that this is the only order in effect or one that states another order dated such and such still remains in effect for such and such.) I think every place if different so its important to look at everything as gather all the facts before filing.

It’s my understanding that the order states that it’s not build in the support but is in fact a reimbursement of costs paid. If that is the case she should be giving you the receipts at least once a year to show the increase for the monthly cost, however that most likely means you seeing a pay stub to show the deduction amount and most people don’t give those to the other parent without a fight. Also maybe she is fighting it because it is the cost for medical she pays not just the portion for the child and she doesn’t want to loose the money for her health care too. If its reimbursement then you should be able to see something from the insurance company stating the amount for her and the child broken down. She should be able to get that with a phone call and would have to have it for court. The pay stub would only show what she is paying for the medical. If you have been paying for her medical and the child’s you could have a case to go to court and ask for her portion back.

Thanks CJ.

I am in TX. I have a benefits books and it shows what all is covered under her insurance. And my husbands and her insurance are very similar. Except my husbands insurance pays a little bit more than hers and the copays/deductables aren't as high as hers. Right now we are paying 50% of any copays, ded, braces or test that have to be done. And we have copies of all that information. The problem is he has 2 children with her. He is done paying child support to one of them. But whether she removes his son off there she will still be paying the same amount because of there other child. In which he is not required to pay. So she doesn't want to lose that money.

Then she questioned him, why wouldn't he want to put both children on his policy. Because they are both his. No fair... policies are policies. He will only carry his 19 year old daughter if she loses her job. That's the only way we will do this.