Question:

Per my parenting plan under the heading "Child Support" I am to pay my ex-wife child support for the cost of health insurance for my child. 

Those payments have been garnished, but I learned my ex-wife has not provided our child with insurance for many months. I was told I couldn't add my child to my employer's insurance outside of open enrollment so I am going to provide my child with insurance outside of my employer.

Do I have to petition the courts or is there a simple online form I can file to notify the court that I am now providing insurance on my child and my child support payments should be reduced accordingly?

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Nebraska child support laws where I am licensed to practice.

Your scenario presents a couple issues. Where I practice, although you would not normally be allowed to enroll a child outside of open enrollment, if a court order is changed requiring you to carry insurance, instead of you reimbursing another for insurance, it is a material change that would allow enrollment. This may assist you in obtaining insurance for your child.

You ask if you can use a form or if you must file in court. Some jurisdictions allow voluntary reviews every three years, but it does not mean the child support recovery units will take any action. In fact, they may not assist you at all.   

Many parties would file a modification, and if the insurance ended up costing more than was originally ordered, it may end up costing your ex-wife money each month to help provide the support. 

In essence, you may not owe support, your ex-wife could owe support, or child support may still be owed by you. Only a family law attorney will be able to tell you the specifics regarding the money after they have run a child support calculation for your state.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Omaha, Nebraska Divorce Lawyer Jamie Kinkaid, contact Cordell & Cordell.