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