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How to get off medical and how to get overpayment of child support back from the child's mother? |
My bf's child was on medical when he was still with the child's mother.After they separated(never married)she took him to court for child support&was ordered to pay for the child's medical insurance,so he did&enrolled the child through his work insurance.Recently, he found out that his income qualifies for low income HMO insurance,but he was denied b/c the child is still on medical as a secondary insurance for back up.What can he do about this? FISHGUY! For your information, he has his child 57% of the time, so he is taking care of his child. Secondly, the mother was the one who cheated. Lastly, one is not considered irresponsible because one does not stay with the other parent, there are reasons why relationships don't work out. Even people who were married get a divorce. I'm here for advices not ill remarks about my bf. Thanks! Oh yeah, they never give you back over payments until after your child support obligation ends (kid turns 18). Unless it's a tax return intercept that is an overpayment, then they are required to return the overpayment. But when the overpayment came out of your pay checks they give you the credit so that "just in case" you ever get behind in the future, you don't end up with back support, times like when you lose a job, or change jobs & it takes a few weeks to switch the order to the new job. Because then they can just deduct what you would have been behind on from what you overpaid. And if it still remains overpaid by the time the child hits 18, then you can get it back from the custodial parent then. We had that same problem a few years back, & my husbands overpayment was around a grand also. It was also around the time that my husband was changing jobs to, so he just didn't tell them about the new job change until his "credit" was gone & that evened it all out. So no, you can't get the overpayment paid back to you in cash until the child hit's 18. im not an expert on law but he may be able to go to the court house and file a motion to modify and have his support droped a bit ( if he pays child support) until the balance is paid off. other than that small claims court is about the only other thing i can think of. it is up the boyfriend to looked into this and he should clear up all these issues back to court to redo the current court order for it being updated, along with the other issues at hand..to get everything settled. because that is the only way to straighten out these issues Unfortunately, he will probably never get the overpayment of "child" support back from the mother. The court will decide letting her keep the money "is in the best interest of the child" even if she really spent it on herself. He needs to take care of his kids. Period. It's the price he needs to pay for being irresponsible and not marrying the kids mother and not sticking around to raise him. My BF pays child support and he gets his money reimbursed through child support if he overpays and there is a credit. |
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