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Q: Divorce-health insurance/child support ( No Answer,   1 Comment )
Subject: Divorce-health insurance/child support
Category: Family and Home
Asked by: kpitsmpl-ga
List Price: $5.00
Posted: 15 May 2006 14:29 PDT
Expires: 14 Jun 2006 14:29 PDT
Question ID: 729126
My X and I were divorced in 2004. We had a self divorce. The judge
required me to get health insurance on my kids before he would
dissolve the marriage. Well the day we appeared before the judge I
still had no health insurance on my kids. I couldn't afford it
privately, or through my employer. The judge had asked me if I
obtained insurance, and I said yes. I have health insurance on them
now, thankfully my new job allows me to afford it. But I have gone
almost 2 years w/out any kind of insurance on my kids.
My X wants to take me back to court to get a child support
modification. The decree doesn't call for a child support obligation
because I have my kids nearly 50% of the time, and my income is
substantially less than hers. Plus I pay for the cost of daycare for
my youngest child. Based on numbers I ran online through my states
calculator worksheet, she would be paying me support. Yet she insists
that I should pay her money every week, even "when" my youngest isn't
in daycare. From Sept 05 to current, the daycare cost is 480.00. I
have paid her 3240.00 over a nine month period, believing that amount
was going to daycare alone. Unfortunately I cannot get that money back
because I paid her in cash and didn't get receipts.
My questions are: What if any, are the consequences of lieing to the
judge  when I told him essentially I had insurance when in fact I did
not if she takes me back and tells the judge this. Like I said,I have
insurance on my kids now. Secondly, if my lawyer could ask or have the
judge ask my X if I've been current on paying for daycare expenses and
she says yes, can I get back the amount over the 480.00 that I gave
her over the nine month period? Which would be 2760.00. I'm paying the
daycare directly from now on, but I hope I don't have to pay the
480.00 she paid (which was my money) because I don't have proof of
giving her any.
One more question. I gave her my W-2s'in 04 and 05. She had me
believing she had sole custody of our kids. We have joint
physical/legal custody. I signed the IRS forms,she had the check
automatically deposited into her account. We were divorced. Was it
legal for her to have the checks deposited into her own account
instead of mine, and can I get those refunds back? I didn't receive
copies of the tax information from her either.
There is no answer at this time.

Subject: Re: Divorce-health insurance/child support
From: daniel2d-ga on 15 May 2006 22:43 PDT
Self divorce?  You would have been better off with an attorney.  How
could she have you believe she had sole custody when you have the kids
50% of the time?  If you are divorced from someone why would you give
them your W-2's and let them do your income taxes?  Write the IRS, get
copies of the tax returns and have them reviewed by a tax preparer. 
If she took your refunds you have an action against her.  Any money
you gave her above and beyond is a gift.  As for lying to the judge
that's old news isn't relevant to the case now.  If she is taking you
to court get an attorney- contact the local bar associaion for free or
reduced legal representation.

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