What to do if my ex-husband is required to pay child support and maintain insurance on the children but is short of funds?

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What to do if my ex-husband is required to pay child support and maintain insurance on the children but is short of funds?

He currently carries insurance on the boys as well. My ex-husband is struggling financially and cannot afford to pay for dental work that one of my children needs. I would like to allow him to cancel insurance on the children since they are currently covered. Cancelling his insurance coverage would allow him to be able to make the payment for the dental work. I will sign a letter stating this request. My ex will not cancel the insurance because he says I could change my mind and take him to court and he would get fined for not carrying insurance. Is this true or would he be protected in court?

Asked on October 1, 2012 under Family Law, Virginia

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Your husband is correct that he has to stick with the court orders.  If he doesn't he could risk a contempt action later on.  You can still accomplish what you want though... since you are both in agreement regarding the change, you can file an agreed motion to modify-- have an attorney type you up a proposed order, and then help you do a quick prove up.  This is not a huge deal that should take a lot of time or money-- but it's better to amend the orders than cause more problems by trying to undo them informally.


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