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Asad Rahman
Asad Rahman, Lawyer
Category: Family Law
Satisfied Customers: 2156
Experience:  Practicing Attorney with 10 years experience
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I have joint legal custody of my son in Michigan. I have m

Customer Question

I have joint legal custody of my son in Michigan. I have him equal overnights and also care for him after school on his mother's parenting days. We agreed to set child support at zero (because she would have been required to pay me support at the time).
Her attorney is #1 telling me that I have to pay 1/2 of the healthcare premium for him (she gets it through her job). When I was paying child support and sponsoring the healthcare benefits, this was not broken out separately. Since the child support is set to zero in the latest court order, do I have to pay her this fee?
Also, her attorney is threatening to subpoena my bank account and mortgage application. In my JOD, I was awarded the home, but am supposed to refinance by 1/16. I was unable to because of hefty court fees she pressed. THe JOD says if I'm unable to refinance, I have to put the home up for sale. Can her attorney subpoena all of my financials for this reason? I presume its for the purpose of trying to change child support.... but I am getting numerous threats and demands.
Any advice would be great!
Submitted: 1 year ago.
Category: Family Law
Expert:  Asad Rahman replied 1 year ago.

Thanks for signing up for our service. While we are here to answer questions, it is best to discuss your case with a licensed attorney in your area.

Yes, most states require a full or partial reimbursement of the medical costs in the order. Review your order if that is the case. Even if the child is on state benefits, the state can seek a reimbursement.

I'm not trying to be the bearer of bad news, but yes, they can seek your financial records especially if your argument for not complying with the JOD is that you are short on funds.

Customer: replied 1 year ago.

My JOD does not state that I am required to pay anything. It simply says "child support is set at zero".

And my JOD says that I'm required to put my home up for sale if I cannot refinance - given that, they can still subpoena financial records? It does not order me to refinance. She is not owed any money from the proceeds. It's only to get her name off the mortgage.

Expert:  Asad Rahman replied 1 year ago.

Does your JOD not talk about medical support or 50/50 split cost for medical care? If not, then you could challenge her attorney's assertion.

Yes, but requesting financial records is fairly customary in these cases and she may be intending to seek child support or some sort of spousal support.

Expert:  Asad Rahman replied 1 year ago.

Thank you for signing up for our service. If you need further assistance, let us know, otherwise, please "accept" the answer. If you are inclined, a positive rating is appreciated.