[sherseub]

I don't want to change my son's health insurance because he is totally covered and the support magistrate said he has to go on his father's insurance,which there will be copays that I can't afford to pay,so how can I overturn the support magistrate's decision here in Syracuse,Ny? What procedure do I have to follow to have the order changed?

[JudyKayTee]

You go back to Court and request a hearing, asking that the Order be reviewed for the reasons you have stated here.

Some Courts require a certain period to pass before it would review a decision.

Do you have any idea why the Order was made this way? Who pays the premium under the old arrangement?

[sherseub]

I pay for myself to have medicare,and medicaid over 200 a month plus ,I have a lot of prescriptions because I was rear ended,and had back surgery,and my kids fell under the free side of child health plus, but if my income shall raise, I go back to paying child health plus,like I did before!what is the form I need to go back to court?

[JudyKayTee]

You have to go to Family Court and file a Petition. I am also in NY and it's my opinion that Family Court wants your child (or children) off public assisted health care and into the private sector to save taxpayers money.

As long as one parent has the ability to pay for private insurance that's what the Court will require.

You would have to present a legal argument that you cannot afford the co-pays.

Where is no-fault insurance in your medical treatment and prescriptions? No-fault SHOULD be paying these benefits without a deductible.

[sherseub]

My no-fault has been exhausted and his father is very irresponsible,and he don't care what kind of money I have to support my son,because he is an alcoholic and drug addic,and I tried to talk to the support magistrate,but she just don't listen and I am a single mother of two,plus I have another that don't even belong to me that the parents threw out and had no where to go,so I had to take him or he would have been on the streets,and they won't give me his birth certificate or social security card or help me support their child. Then My daughter's father owes $85,000 and they won't do anything about him ether,so I don't know where else to turn?

[sherseub]

My no-fault has been exhausted and his father is very irresponsible,and he don't care what kind of money I have to support my son,because he is an alcoholic and drug addic,and I tried to talk to the support magistrate,but she just don't listen and I am a single mother of two,plus I have another that don't even belong to me that the parents threw out and had no where to go,so I had to take him or he would have been on the streets,and they won't give me his birth certificate or social security card or help me support their child. Then My daughter's father owes $85,000 and they won't do anything about him ether,so I don't know where else to turn?
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[JudyKayTee]

Have you consulted with an Attorney concerning a lawsuit for your back injuries? If not, you should.

You need to go back to Court with an Attorney. Call the Bar Association in your City and ask for free representation, inquire into what is available. If the father doesn't work he in theory cannot pay support. He CAN be put in jail, however.

It sounds like the decision which forces you to make a co-pay is unreasonable and unfair. If the Magistrate wouldn't listen to you the first time, she won't listen to you the second.

Another source might be the University of Syracuse - ask about having a student assist you with your case.

[sherseub]

Yes, my case just hasn't been settled and the doctor that did my surgery has pretty much screwed me over because he won't give my lawyer a nararative report because I wouldn't let him do another surgery, to install a tens unit inside my back.

[JudyKayTee]

I'm a liability investigator. Your Attorney needs to subpoena the records.