Skip to main content

Post Divorce changes and litigation. I'm going through a modification of parenting time. My husband and I divorced in 2008

Bradenton, FL |

We have 2 children together ages 4,5. We agreed to shared parenting, with the kids spending one week with me and one week with my ex. Since our divorce some substanioal changes have occured, so I filed a petition for modification of parenting time. In our divorce decree my ex was said to have to provide health insurance for the kids, since he gets it through his job at no cost. Well my ex just served me with a motion for temporary relief, stating that "Wife has available a health, hospitalization, and major medical policy and should be required to cover Husband and the children under this policy, during the pendency of this proceeding. Wife should cooperate and convert for husband all rights under COBRA. 'm confused about this because we are already divorced.

and how can he ask for me to cover him and the kids on something, that he already covers them on, and it comes to him at no cost, and the coverage is very good? It will cost me money to add them, it just does not make any sense to me4 In this motion it also states that he is unable to pay his attorney fees, and wife is able to do so, and should be required to do so. My ex more than doubles my income. I make $15.00/hr and work 40 hours every week with no overtime. He make $35.00/hr and works 40-60hours a week. He also has his girlfriend and sister living in his house, whom i'm sure are not living there for free. In my house it is just me and our kids. I can barely make my current bills never mind have to pay his also. He also has a copy of my financial affdavit so I am compeltely confused about this motion. Any help/advice would be appreciated. He is also asking for a change in child support. He currently pays $175.00/month for 2 kids, and he's asking to lower that! I don't get it.

Attorney Answers 3

Posted

He is trying to make you crazy. Get an attorney and go after him for fees also. Does he have an attorney? He has COBRA rights for up to 36 months after the divorce, but he has to pay for them.

If you found this answer helpful, let me know by clicking the "Mark as Helpful" button at the bottom of this answer. It’s easy and appreciated.

Mark as helpful

1 found this helpful

4 lawyers agree

3 comments

Asker

Posted

Yes he has an attorney, and he also has health insurance through his job, which cost him NOTHING. He also has failed to turn in his financial affdavit, and I believe he is trying to delay it as long as possible.

Asker

Posted

4days before he filed this he purchased a brand new 2013 fully loaded vehicle, when he already had a completely fine 2009 working car. Now he has both cars, with car payments on them both. Then hes gling to file a motion and say he cant afford his attorney fees and i shoukd have to contriubute to them.

Heather Morcroft

Heather Morcroft

Posted

You need an attorney. He is being an ass, and so is his attorney, and you can't fight this on your own. you may well be able to afford one, because yours may be able to get him to pay your fees. Or you may qualify for Legal Aid. But don't try to do this yourself.

Posted

If he wants COBRA he can do so but he will have to pay. You are divorced. Secondly not sure if you are stating he has an attorney or not. In order to squash his action you need to hire an attorney. You have children involved and there are no do overs. Since he has his girlfriend in his house, you can ask that the children not be exposed to his affairs. Ask for supervised visits to protect these innocent children. Also he should be paying more than the amount you stated for child support. Ask for an increase ASAP.

Mark as helpful

4 lawyers agree

1 comment

Asker

Posted

I'm gettinag an attorney next week (hopefully). I really dont mind that the gf lives there. I don't like it and i dont like her, but my kids like her and thats whayt matters. In my petition i asked for animcrease in child support. That is the main reason he is foghting this. He doesnt want to have to pay $1200/mth in child support. I really just want stability in my kids lives, and this schedule does not provide it. The only reason it is working now is due to his sister and gf living there. His gf is nrw therefore, she can be temporary, they're not married so theres no stabiloty with her. His sister is as unstable as they come. Her kids have never spent more than ine yr in the same school or city. Omce they are gone then he will have no one to rely on anymore, and we will be back to the other schedule

Posted

I agree with the sage observation of Attorney Morcraft. This dispute wil take a skilled attorney so hire (her) one.

Mark as helpful

2 lawyers agree

Family law topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics