[MASS1234]

Hi,

I am hoping to get some help in questions that I have. My original order in court was for $130.00 dollars per week, my ex had gone to court for a modification, the court reduced the support to $95.00 per week because I had lost my job! My ex was to pay for health insurance and he did for a while. In June of last year after taking our son to the doctor I went to have a prescription filled and found out from the pharmacy that the insurance was cancelled. I was so upset as it had been cancelled for close to 1 year and I was never informed. My new husband has since added my son to his insurance. The support order was reduced based on the fact that my ex was still paying for health insurance.
Is there any way that I can have my support modified based on that information?

Last question, When I went for my divorce my attorney stated emancipation was at age 18 and the problem with that is that my son will be going to college, can I have the emancipation age modified? He will be 13 in a few months.

Thank you!

[ScottGem]

You can certainly go to court and request the modifications. Whether a court will grant them or not is up in the air. Support is generally calculated based on a fixed formula. Other than that there are really no laws that govern anything else.

Since the order calculated your ex's support based on his paying for insurance and he is not doing so, then that would be subject to modification. You have less of a leg to stand on with changing the age of emancipation since you had agreed to that previously.

[MASS1234]

At the time that I had gone to court there was a criminal charge pending against my ex and the lawyers worked out the deal. I didn't even know that I had an option on the age of emancipation until recently. The way it was explained to me by my attorney is that he would have to pay support until age 18. I guess I should have looked into it, paying for an attorney I thought was to get the best representation not the most quick way out!
She wanted to agree to whatever my ex's attorney asked. Thanks for the advise.

[ScottGem]

You can try to claim you were poorly represented, not sure if that will help though.

[MASS1234]

I guess the right thing for me to do is to once again pay for an attorney! It seems that is the only way to get the modification. I have spent a lot of money on the divorce attorney I had and yet she failed to look out for my son's best interest.
The funny thing is she always showed up late for court. On my court date she called me to let me know she was flying back from Greece and would be late! I need to hire a new attorney this time.
Thanks for your answers, greatly appreciated.

[ScottGem]

Whenever you have to go to court having an attorney is a good idea. Generally a lawyer can help you navigate. Unfortunately there are lazy lawyers who do just the minimum or less than the minimum.