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Question about extras?

tankh21's picture

DH asks me yesterday can BM take him back to court to try to make him pay for car insurance for SS? SS is 13. I told him I don't think so as long as it isn't written in the CO. It states in the CO that he has to pay CS and provide them with medical insurance? I think the only thing that BM can do is try to get more CS. Am I correct?

Comments

hereiam's picture

She CAN take him to court to try to make him pay for car insurance, but that doesn't mean a judge will order him to pay it.

ESMOD's picture

She can try to take him to court to increase CS if incomes or custody time changes.. that could result in a change that would allow her to pay that.  It's also possible that the CO could be amended to include payment of extras... you never 100% know what the outcome will be if you go to court.

WalkOnBy's picture

Tell your husband to learn this phrase and repeat liberally "that's what child support is for."

She can ask a judge to "make him pay" for anything she wants, but the likelihood of any judge ordering a parent to pay for car insurance is very low.  

Driving is not a right.  

tankh21's picture

That is what I figured. She would have to file a modification which would cost her money correct?

hereiam's picture

Depends. Where I live, a request for modification for CS can be done every three years at no cost, or if there is a significant change in circumstance. Insurance for a teen age driver would not count as a significant change of circumstance and would not be cause to increase CS.

If she wants to modify the CO to include auto insurance, she would have to pay for it (and probably would not get it).

WalkOnBy's picture

Depends on a couple of things.  Like HereIAm points out below, the state could have the "up for modification every three years" thing (I live in Michigan and we do have that here).  BM could also file a motion by herself and not hire an attorney.

Bottom line is that car insurance is not a necessity of life Smile

lieutenant_dad's picture

BM can ask to modify the CO whenever she wants, so long as she has the money for court fees and a judge is willing to entertain her requests.

However, a judge is NOT going to be happy with BM taking your DH back to court over something as petty as car insurance. Paying for car insurance isn't a requirement, and if they don't agree on providing this, then I highly, highly doubt a judge would order a change in the CO for it.

notsobad's picture

BM once threaten to take DH to court for something inane, I can remember at the moment exactly what it was. She’d sent a text threatening him, in it she said, “I don’t even care if I win, everyone will see what a piece of shit you are and that’s all I really want!”

Well, at least she was honest.