Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“My ex and I agreed to my paying $300.00 a month in child support for my 3 children. The courts further stated that I need to keep medical insurance on my children as well. I really don’t have a problem with either of these conditions, however, now my ex wants me to drop the insurance and pay her an extra $100 dollars a month in child support. I did a monthly budget calculation and have figured out that If I pay her the extra $100 dollars a month then I won’t be able to afford my bills. I know my ex though and if I tell her this she will just have the ODJFS re-evaluate my support order. Through an online child support calculator I figured out that here in Ohio I would end up paying $652.00 a month for my 3 children. I am worried that she is going to do this and I will lose my apartment…if I lose my apartment then I won’t have anywhere to live let alone see my children. The courts around here don’t seem to care about that though they just care about the child support they set getting paid. Is there anything which can be done about this?”Unfortunately, for the most part, state child support formulas are fairly strict, and there is little leeway afforded to the court. This means that after they plug in the numbers (what you earn, how many children you have, etc.), the number they come up with is the number that you have to pay. In large part, your support award is much higher than it might otherwise be because you have three children.
Question: Above all else, it is critical that you understand that whatever your current child support order – including insurance – says that you have to pay and do, is what you have to pay and do. If you make an agreement with your ex outside of court, you are still obligated to live up to the court order, even if your ex agrees that you are not. This means that, for example, if you stop paying for insurance, you will be in violation of the court order, even though your ex agreed to it (and in fact requested it).
Answer:
For this reason it is critical that you have any such change recognized by the court, and put into a new court order.
