modified decree in Indiana

[william8633]

My ex and I went to court in late 2005 for the first time since our divorce was finalized in 1996 to modify CS and some other areas that were not specified in the original decree. One of the areas was the inclusion of the first 6% of medical costs in the standard support order as is called for in Indiana guidelines. The CS modification was effective 11/3/2005. My question is does that mean that the 6% she must pay in medical costs before cost sharing starts over at that date as well? She feels it should be January 1-December 31 but I would prefer to follow the letter of the decree if it was supposed to reset with the change date of 11/3/2005.

 

[calalily]

What was the medical portion and dates before this modification occurred? Were you paying medical all along but the 6% was added?

 

[william8633]

Thanks for your reply. The reason we went to court in the first place was because the original decree was not very clear about many things including medical and did not follow the guidlines for the state at all as well as the fact that our circumstances had altered greatly since our divorce. We had never actually followed the decree and had no problems until I had to move out of state in 2003. The 6% inclusive in standard support is written into the state's guidelines but was not clarified in the origninal decree. As it was we had verbally agreed to split the expenses 50/50 but she had already paid expenses in 2005 and I had been paying 100% of the uninsured costs prior to the court date 10/31/2005. That is why she expects me to pay 100% of the charges from Nov/Dec 2005 (almost $200).

 

[calalily]

Effective Date

You stated that the CS mod was effective 11/03/05, doesn't that include the new medical 6%? It should all be effective at the same time unless stated otherwise. If not stated otherwise then you start from that date with the new terms.

 

[gearhart7]

My husband's support goes through Indiana. They take the basic child support obligation which theirs is 165 x 52 weeks x 6% = 514.80 (uninsured health care expense). His ex must pay this first. Then they split it between them depending on the percentage breakdown.

Did you have your support modified? It should tell you on the bottom of the worksheet. My husband was broke down- he pays 48.97% and she pays 51.03% after the 514 of UNINSURED health care. This all for uninsured things.

It should start when the decree was modified. Before that should be her problem.

I hope this helps,
Gearhart7