Tomorrow I have a hearing to petition for child support in Indiana (Pro Se). Is it very likely to be continued, as my EX is extremely reluctant to begin paying CS? Or is it more probable the judge will order CS to begin effective immediately (within 30 days)? We have been divorced one year, originally no child support ordered, with him as primary physical custodian. He remained in the house, the two tweenaged children remained with him under joint legal custody, because they wanted to keep their school, friends, pets, individual rooms and swimming pool. I leased an small apartment minutes away. In May he put the house up for sale and moved in with his girl friend. He decided that the children would now be better off living with me in my tiny 2 bdrm apt and as of May 20 we are all stuffed into 800 square feet. He wants to indefinitely delay paying child support until after the house is sold. That could take a very long time, meanwhile, I am suporting 3 people on one modest income and school will start in 2 weeks. There are no funds for book rentals, school clothes or supplies, I am living paycheck to paycheck. How likely is it that the judge will consider this an immediate need and order CS to begin as soon as possible?

Ask for emergency relief -

Unfortunately my crystal ball is murky. Sorry to be flippant, but its extremely hard to predict what a court, especially a Family Court will do. If you are going pro se and he has an attorney, your chances become much slimmer.

I think you need to hammer away on the fact that he appeared to care more about moving in with his girlfriend then the well being of his children. That you ceded custody so the children could stay in familiar surroundings during what would be a traumatic time for them.

Did you go to court to modify the custody order? Because his dumping the children on you is a violation of that order. Another factor that may tip the scales in your favor.

Make sure you have full documentation of your income and immediate expenses. If you have anything to show his income, produce it.

The courts are supposed to rule on the best interests of the children. Clearly that would mean giving you support. But they don't always follow their mandate. However, support should be retroactive to when you first applied.

Is this something I can ask the judge at the hearing or must it be requested in the form of a motion or filing of some sort?

Did you pay child support when the children lived with him?

To ask a follow-up question, please use the Answer This Question options at the bottom of the thread, not start a new question. I've merged the threads for you.

It should be filed as a motion for emergency relief. But Family Courts are generally more relaxed as to formalities.

When the children lived with him, we agreed to no support on either side. This was covered in the decree. I could not have afforded the house payment even were I to received child support. He wanted to keep the house, but could afford the payment only if he did not have to pay child support. I was not ordered by the court to provide anything at the time of the divorce. I subsequently acquiesced to his demands at a later date, or my children would have gone without. I purchased all of their clothing, personal items, lunches for school, paid all fees associated with school function /activities and purchased all medications, prescribed and OTC. I provided all transportation to all health appointments and school activities and leisure activities. He provided a roof over their heads and two meals a day, meeting the very barest of their needs.

Can you document all that? Do you have receipts, canceled checks, etc.

In NY unless it's court ordered these are considered gifts. I don't know that that matters in this scenario, though.

I have do have many of the receipts, but not all. Most purchases were made with cash or debit card. I also have all of his email communications relating to his decisions, demands and rants. I have been unable to convince him to sign a document acknowledging me as their primary physical custodian. It is a form that is part of their enrollment packet and is required for the children to be able change school systems. His reason is he is "Uncomfortable acknowledging me as their physical custodian" I have all of their personal belongings, furniture and clothing in my possession, they live at my apartment 24/7 with exception of the alternating weekends when they visit him at his girlfriends home.

Bring this up in court. Tell the judge that the children are living with you, show that he dumped them on you despite him be awarded physical custody.

Paint him in as bad a light as you can, but do it dispassionately by presenting VERIFIABLE and DOCUMENTED facts. That's the way to impress a judge.

This seems unfair to me or perhaps I am misunderstanding it.

"Pursuant to the 6% Rule, Petitioner shall pay the initial uninsured health care expenses of Nine Hundred and Fifty Two Dollars ($952.00) on an annual basis; thereafter, any uninsured healthcare expenses shall be shared by the parties according to their guideline percentages (i.e. Petitioner 43% and Respondent 57%"

I (the petitioner) carry health/dental and vision insurance on the children the cost to me being $901.00 per year. Why must I also be resposible for $952.00 of uninsured expenses before we begin sharing the cost according to guideline percentages? So my share is $1853.00 and his is zero? Shouldn't it be that he ( the respondent) pay $952.00 of uninsured expenses and then the sharing kick in after that?

Quote:

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Originally Posted by tfayet

This seems unfair to me or perhaps I am misunderstanding it.

"Pursuant to the 6% Rule, Petitioner shall pay the initial uninsured health care expenses of Nine Hundred and Fifty Two Dollars ($952.00) on an annual basis; thereafter, any uninsured healthcare expenses shall be shared by the parties according to their guideline percentages (i.e. Petitioner 43% and Respondent 57%"

I (the petitioner) carry health/dental and vision insurance on the children the cost to me being $901.00 per year. Why must I also be resposible for $952.00 of uninsured expenses before we begin sharing the cost according to guideline percentages? So my share is $1853.00 and his is zero?? Shouldn't it be that he ( the respondent) pay $952.00 of uninsured expenses and then the sharing kick in after that?

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Where did this come from?

Also did you have your day in court already and what happened?

This is from the support order issued on7/27/10. The judge ordered support of $150 per week,to begin 7/30, this clause was was also written into the order, but I don't understand why, if I carry and pay the health insurance, I also have to meet this $952 "deductible". It amounts to $1853 to be paid by me per year with the addition of 43% of expenses not covered by insurance and he only has to pay 57% of uncovered expenses. He makes $200 a week more than I do.

What this clause states is that you pay only for uninsured medical expenses. That means expenses not covered by insurance. If you are paying for health insurance coverage, then the uninsured expense should be minimal.

You could also argue that uninsured expenses means expenses not covered by your insurance policy, NOT expenses not PAID by your insurance policy. So if your child went to the doctor and there was a $20 co-pay you could argue that the expense was covered by the policy. Not sure if that would fly, but worth a try. Or you could go back and ask the judge for a clarification stating that if you already pay for the medical insurance, then why should you also have to pay the first $952 of unpaid expenses. Tell the judge you are willing to pay 1/2 of the uncovered expenses, but since you are paying for the insurance, you think it unfair that you pay the first part of the expenses as well.