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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 26764
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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I have been divorced for almost 6 years now. And our divorce

Customer Question

I have been divorced for almost 6 years now. And our divorce agreement states the other parent pass child support til the last child is 18. Which is in 13 months. I have a 20 year old son that is considered disabled by the state of MN and I am his court appointed Leagal guardian because his dad did not want to be. My other child is 18 and will be attending college close to home and all her grants and such are based of my income. My other child will be 17 in Aug. They all have lived with me and still do all their Lives. There dad wants to get the suppport amended because he does not want to pay for all of them til the last one is 18 per our degree. But since our divorce his income has increased and he makes 60,000 a year and mine has decreased and i make 22,000 a year. He pays 150.00 for medical and dental insurance for them and our degree states he should pay 60% of out of pocket medical/dental fees, Which he never has. He is mad that he has had 2 cost of living added to his child support. Can he do this if so what should I do?
Submitted: 4 years ago.
Category: Family Law
Expert:  FamilyAnswer replied 4 years ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

I certainly understand your concern. For the court to amend a child support agreement, there needs to be good cause shown by the moving party. The court will want to see a substantial change in circumstances, since the support was previously ordered and the moving party to show a basis for the amendment/modification/termination. The fact that a parent does not want to pay anymore, is not a legal basis and the fact that his income has only increased, would be something that would only count against him. Moreover, if he has failed to pay medical/dental insurance as ordered, he could be held in contempt of court and the other parent, could bring this matter in front of the Judge. If he was to do this, you could file a response and object to it and also may consider filing a motion to hold him in contempt, for not paying as ordered.

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Expert:  FamilyAnswer replied 4 years ago.
Hi Tammy. Did he give any legal basis for not wanting to pay support?