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Walter
Walter, Legal Consultant
Category: Family Law
Satisfied Customers: 11528
Experience:  Family Law Consultant Specializing In Interpretation Of Family and General Law.
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I am a divorced father with an 8 year old daughter. My Ex ...

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I am a divorced father with an 8 year old daughter. My Ex wife and I went to court in Richmond Virginia about 3 years ago and the judge ruled that my Ex wife was to maintain health and dental coverage and that I was to pay in child support $1019 per month, $85 per month for College fund and $45 per month for insurance. about a year and a half ago, my ex wife contacted me and said she was changing jobs and asked if I would cover my daughter under my insurance policy because my ex wife would not have insurance available until she had been at her new place of employment 90 days. I agreed and have been paying $275 per month for health and dental coverage for my daughter in addition to the $1019 per month. I have paid what I am supposed to pay and have been providing health and dental for my daughter. Do I have a right to subtract what she is supposed to be paying from my child support payments to her? I can no longer afford to pay the both.
Submitted: 8 years ago.
Category: Family Law
Expert:  Walter replied 8 years ago.

Hello,

I am sorry, I do not have good news. You can not by law subtract anything from the child support. You will be required to either petition the court for the deduction or speak with your ex and come up with a agreement on the amount. If she agrees to allow you to deduct it then you will want to get this in writing and notarized to protect yourself.

If you choose to petition the courts, you may want to keep in mind that the courts could very well order you to provide this coverage since mom no longer has this coverage available.

Your only other option is to refuse to pay the coverage and ask her to forward the 275.00 to you each month to cover the expense.

I wish you the best,

Walter

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