Among the Ask a Divorce Lawyer questions answered today by Cordell & Cordell attorneys:

• Child support is still being taken out of my paychecks when it shouldn't be. How can I have it stopped?
• Can I request my ex help pay for medical bills in addition to the child support orders?
• My husband just found out that his ex-wife has been receiving a significant amount of financial aid and has never disclosed that when we have gone to court. Doesn't she have to let us know that and is there anything we can do now that we know that?

Question: 

Child support is still being taken out of my paychecks when it shouldn't be. How can I have it stopped? Can it be stopped while my ex is deployed in the military overseas?

Answer:

You must replace your current income withholding order with a modified order to stop the wage withholding from your paycheck.

In a traditional income withhold order, the court orders a third party (your employer) to withholding money to satisfy a party’s (your) debt (like child support) in the case before the court. The third party can be held in contempt, assessed a fine and confined to jail, for disobeying the order. This is true even if the party (you) thinks the order is wrong, wants to pay the debt directly,  wants to challenge the debt or modify the order, and so forth. Until the third party receives a new order from the court, the third party will continue to withhold wages according to the old, challenged one. This makes sense – if you were the third party, would you rather follow the court’s instructions or take someone’s “word for it,” so to speak, and risk going to jail?

To modify the order, you must follow the proper procedural rules in your jurisdiction. In most jurisdictions, you must show a change in circumstances since the last order sufficient to modify it. Usually, these are changes in financial circumstances and the children’s needs. That your ex is deployed or you want a change is insufficient, unless these things are a change in circumstances sufficient to modify the order.

Depending on the nature of the action you take, your ex may seek a stay of the action if she is in active duty overseas for up to 90 days, or more, under the Soldiers’ and Sailors’ Civil Relief Act of 1940.

This is only general information. Please discuss your case with an attorney in your area immediately for legal advice. I am a Michigan attorney and cannot give you advice for your case or the laws in your state, Texas. Do not rely on this answer as establishing an attorney-client relationship. Cordell & Cordell, P.C. does have offices in Texas to assist you. Thank you for submitting a question to Cordell & Cordell, P.C.

Jennifer M. Paine is an Associate Attorney in the Detroit, Michigan office of Cordell & Cordell P.C. She is licensed to practice in Michigan, and has been admitted pro hac vice in Illinois, Ohio, and the United States Court of Federal Claims. Ms. Paine received her BA in English and Mathematics from Albion College and graduated Summa Cum Laude. She received her Juris Doctorate from MSU College of Law and graduated Summa Cum Laude.

Question: 

My ex lives in Florida and I live in Ohio. I have custody of our three children. My ex pays child support but no medical costs, which are significant considering one is special needs. Can I request that my ex help with the medical and schooling costs?

Answer:

First, let me preface my answer by stating that I am not licensed in Ohio or Florida, although Cordell & Cordell, P.C. has attorneys located in the state of Florida that would be happy to discuss your case with you.

It is hard to answer your question accurately without knowing what specific jurisdiction your case will take place in. What you will need to do is speak to an attorney in the jurisdiction that originally entered the child support/custody orders because that Court should be the Court of continuing jurisdiction. Depending on the jurisdiction you may be able to requests that your ex pay these expenses for the child. Some states' child support statutes provide that part of a parent's responsibility to support the child includes uninsured medical expenses and school related costs as well. You will need to determine which Court you will be asking to modify the Order and then what that states child support statues provide. 

Jason Bowman is an attorney in the Louisville, Kentucky office of Cordell & Cordell, P.C. He is licensed in the states of Kentucky and Texas. He received his Bachelor of Science in Business from the University of Louisville, and received his Juris Doctor from Texas Wesleyan University.

Question:

My husband just found out that his ex-wife has been receiving a significant amount of financial aid and has never disclosed that when we have gone to court. Doesn't she have to let us know that and is there anything we can do now that we know that?

Answer:

First, I must preface my answer that I am licensed to practice law in Nebraska and can only give you general information. I would suggest you consult a domestic litigation attorney licensed in California before taking action.

It would depend on when she started receiving the financial aid. If she started receiving it after the court order, then no, she probably doesn’t have a duty to inform any parties of her income change. If it was before a hearing, then it would depend on how you went about getting to trial. If you attended mediation, then each party would have a good faith obligation to disclosed all sources of income, even if it wouldn’t affect the mediation. If you did not attend mediation, then the burden would have been on you to request her income information. Some states or jurisdictions have rules which require each party to disclose basic information, such as income, as a matter of course.

In short, whether she had to or not really depends on your unique situation and the rules of your jurisdiction.

Nancy R. Shannon, a Nebraska native, is an Associate Attorney in the Omaha, Nebraska office of Cordell & Cordell, P.C. She is licensed in the state of Nebraska where her primary practice is exclusively in the area of domestic relations. Ms. Shannon received her Bachelor of Arts degree from Doane College and her Juris Doctor from University of Nebraska – Lincoln, where she was a finalist in a Moot court competition and active in Client Counseling activities.