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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 112668
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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TO MJD ONLY - Law Educator,

, this is sssppp. i

Customer Question

TO PAUL MJD ONLY - Law Educator,

Hi paul, this is sssppp. i posted question yesterday and waitign for your reply since yesterday and early morning - as i have Trial tomorrow - so please Answer me quick . Thanks paul.

-------------------------------------

As you advised me , i filed motion to Reconsider for Attorney fees ordered $6,000 - despite of their both sanction motions denied ,and despite of my child support motion granted. And this friday is hearing ...

--- Last time - Motion to Reconsider to remove Health insurance from father , so i can go with medicare- and from father's child support amount $124 is deducting for insurance - so it can be credit ti child support increase by $124.

But on last sanction hearing on 11th December , judge denied without hearing saying that without evidence the court can not remove health insurance. ( while i brought evidence with me on hearing - but because of time restrictions , i couldn't able to give to judge.)

-- so this time, Along with this motion - i raised this issue and submitted evidence also which my daughter approved for medicare and also i submitted her Insurance card from medicare to give evidence.

Also the father is agree to remove her from his insurance , because daughter's medicines are too expensive to pay out of pocket even though he has insurance. so he is agree with remove and go with medicare. I told him to write email for agreeing , so we can give to judge to remove.

He talked to his attorney , and she is saying - along with child support guideline Insurance will increase only $39. if remove insurance. I don't believe it - insurance amount is $124 deducting from child support amount , then why attorney is saying only $39 increase??

The father is calling me that his attorney will not let increase child support amount by $124 - so please agree with $39 increase - or max he can do $50 increase. (Mutual agree)

I understand - what they want to take advantage again because i am pro se.... so please help me here...

1.) our both parents combine Monthly income : $4,410 :

2.) Mother's percent of combined income : 31.6% ,

Father 's share ; 68.4%

3.) Schedule amount for Basic Child support:$694 (deducting insurance Amount $124)

4.) Total child support Need : $818

5.) Mother's obligation $258

6.) Father's Obligation $560 - Direct payment of medical insurance $124 - Father's Guideline share $436.

So the Current child support is $436 right now.

So with removal of insurance - $124 - the father's child support will be increase $124 and will be $560. Is that correct Paul???

please let me how much child support amount legally i can get - if insurance will be remove.

The father is calling me and convincing me to agree with $39 increase or max $50 increase - his attorney send me email and asking for agree with $39 increase - so total of $475 - instead of $436.

She send me calculation child support guideline worksheet - with child support Need $694 -- (while previous sheet was $818 ( 694+124(insurance)).

She is arguing that Medicare will cost nothing to you - it's free - No premium you pay, so Total child support Needed only $694 - Not $818. Because that Medicaid would not cost you any money. And your child support will not increase by $124. But increase by only $39. if you remove insurance with father.

( she calculated child support need : $694 , Mother's obligation $219 - father's obligation $475)

So please let me know paul , what is right. and what to do.

Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.


Because he has insurance available to him through his employer, canceling that insurance would mean the support would go up only by what he is paying his employer for her to be on his insurance. The most you could hope for is making him pay 68% (his parental share) of the premium if he cannot cover her any longer on the employer's insurance. You need to come up with the total insurance premium per month and he should be paying 68% of that and you should be paying 31%.
Customer: replied 1 year ago.

so that means

The Amount is considering rightnow for Total support included his insurance premium was $818( 694+124(insurance)).

so if his insurance will remove - then only

with child support Need $694 -- will consider .. is that correct???

- If yes - Then his child support amount will be only $475 from $436 ??

** child support will not increase by $124 ?? if court remove his insurance premium of $124.

--------------

If that is True - if my child support will increase only by $39 - then what you suggest - To continue with father's insurance -- or to go with Medicare ?

Expert:  Law Educator, Esq. replied 1 year ago.
I would suggest you continue the father's insurance and ask the court to make him pay 68% of what the insurance does not cover. You would likely work out better that way.
Customer: replied 1 year ago.

ok .. But - i didn't received previous answer please :

The Amount is considering right now for Total support included his

insurance premium was $818( 694+124(insurance)).

so if his insurance will remove - then only

with child support Need $694 -- will consider .. is that correct???

- If yes - Then his child support amount will be only $475 from $436 ??

** child support will not increase by $124 ?? if court remove his insurance premium of $124.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.

No, his payment would not increase $124 if that is his premium, but it would go up about $78 since that would be about his 68% share of the premiums for insurance.
Customer: replied 1 year ago.

so , can you please let me know - how much support i will get - if remove his insurance premium $124. - with below details

1.) our both parents combine Monthly income : $4,410 :

2.) Mother's percent of combined income : 31.6% ,

Father 's share ; 68.4%

3.) Schedule amount for Basic Child support:$694 (deducting insurance Amount $124)

4.) Total child support Need : $818 (694=124 = 818)

5.) Mother's obligation $258

6.) Father's Obligation $560 - Direct payment of medical insurance $124 - Father's Guideline share $436.

So the Current child support is $436 right now.

So with removal of insurance - $124 - How much he should pay?

Expert:  Law Educator, Esq. replied 1 year ago.
You would get 68% if $694.
Customer: replied 1 year ago.

so , My Main Question is That - which amount will consider as Total Child support NEED :

it will be $694 - OR $818 Or any other amount ....

This is my main question ...

-- According to this chart, i will appreciate if you can give m eRight Number ;

1.) our both parents combine Monthly income : $4,410 :

2.) Mother's percent of combined income : 31.6% ,

Father 's share : 68.4%

Thank you ...

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.

Plug the numbers in on this website to get the support amount, because I do not have enough information from you nor do I want you to put that information on the web for you to fill out: http://www.divorcehq.com/calculators/virginia-child-support-calculator.shtml

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