Child Support & Visitation help in Hawaii

[Nohea]

For 6 years, my boyfriend's (of 8 years) ex-wife violated their divorce decree regarding his visitation rights of his 3 children they share together (18 years old & full time college, 16 years old, 12 years old). He has half of the holidays, birthdays, every other weekend and etc. She refused to communicate with him and so therefore, they go through their children. He wasn't nofitied of his daughter's being hospitalized, son's sport games, school events and many many more. In December of 2008, my boyfriend seeked advice to file a visitation violation on his ex-wife. We were told to document everything. So we documented everything from January 1, 2009 to December 31, 2009 and mailed a letter to her attorney that represented her in their divorce, informing her of the visitation violations. To date, there was no response from her attorney.

Last year in April 2009, my boyfriend's greedy ex-wife filed a modification for child support. The administrative findings were completed in June. I work for the state and my medical costs way less than my boyfriend's employer medical. Since he is under my medical, i offered that his children may go under my medical (as domestic partner child). At that time, she refused my boyfriend's help to provide medical insurance for his children because of the co-pay and remained under the states free medical, Quest.

My boyfriend pays child support and gives his children lunch money, buy school clothes & supplies. He cannot see his children starving or going without. One example, his 16 year old daughter gets $5 a week from ex-wife for school lunch and cannot take home lunch because, ex-wife said the food is for home only. Nowadays, school lunch is $1.45. Where is all the child support going towards? I guess it goes on the trips (Las Vegas, New York) that she takes with her boyfriend.

In January 2010, we went ahead and filed a motion for violation of visitation against the ex-wife. She was served at her job and now, awaiting hearing that is scheduled in May.

On February 23, 2010, my boyfriend recieved another child support modication. I suspect that she went in to modify again to be vendictive. To my understanding, if she can prove that if he makes a 10% increase in pay from the last hearing, then it'll be motified. I guess she didn't recieve the memo that the there is economic decline.

With all that said, my boyfriend wants to provide medical, no if and or buts. Wait, i think it gets better. We just found out (from my boyfriend's daughter) that the ex-wife and her boyfriend (that she left my boyfriend for) are all of a sudden, getting married in Las Vegas on March 26. I want to know, if that'll hurt my boyfriend's chances of providing medical for his children? We suspect, somethings up and we don't know what it is. Also, by her being married, would that change her income regarding child support? Cause i know, it'll change ours if we were to get married.

I know this has been long but thank you in advance.

[GotSmart]

What is the question?

Where is all the child support going towards?

Keeping a roof over their heads, clothing on their backs, and so on.

[Nohea]

As what my boyfriend (BF) 16 & 18 year old daughter has told him, that ex wife has a mortgage, car payments, credit cards bills and so on. We have also been told that ex wife is a spender and borrows money from people. She would take trips and forget about the bills. Another example, ex wife took $3,000 of his 18 year old daughter graduation money to New York and have not paid 1 cent back to daughter. In the past, ex wife refuse to seek my BF help to provide more for his children. We take it upon ourselves to buy what the children need (food, clothes, hygiene's) and then they will hide it from their mom afraid that she'll criticize their father.

Currently, BF 18 year daughter no longer resides with ex wife and hasn't been since July of 2009. She is enrolled in a full time accredited college and is studying to be a nurse.
My question is, CSEA is only acknowledging his 2 children that is residing with ex wife and not acknowledging his 18 year old daughter. Can they do that? Also, ex wife is getting married and i want to know, would that affect her income for the child support calculations? I also want to know, what are the possibilities that ex wife can use against BF when she gets married? Rather it be visitation rights or child support.

[CarynG]

Both your boyfriend and his ex are free to marry other people, and the incomes of the other people have no bearing on the amount of support for their children. Her boyfriend has no rights to the children, and no obligation to support them (any more than you do, as the father's girlfriend), so his income is irrelevant. Marriage won't change that.

I cannot answer whether the ex and her children would still be eligible for state medical if she got married. The state may determine eligibility by household income, and in that case, her new husband's income could render her ineligible. Hawaii is not my state. Does the support order address medical coverage? If it doesn't, then your boyfriend really doesn't have any standing to force her to accept coverage she doesn't want.

I don't know why CSEA isn't acknowledging the 18yo. Does the child support stop at 18? Your boyfriend should read his support order.

[Nohea]

The order does state and is enforcing that he has to provide medical coverage when it becomes affordable to him. Child support payments are until the children are 23 years old, provided that they are enrolled in a full time accredited college. The 18 yo is enrolled.

We were advised not to get married because his income will change and so therefore, child support payments will also change. Wouldn't that go for the ex as well? If not, it sucks.

[CarynG]

In what way is CSEA not acknowledging the 18 yo? Do you mean child support is not being deducted for her?

How would his income change if you got married? Is he in the military? Your income does not matter. If you are making $50K a year and he is making $50K, and you get married, child support is still based on his $50K a year, not your $100K household income. If you were advised that your household income would apply, you were advised incorrectly. The same rules apply to your ex. The only time different rules apply is would be if parent is able to convince a judge that the parent is using his or her spouse's income to remain voluntarily unemployed or significantly underemployed (underemployed is much harder to prove, especially in this economy.)

Hopefully someone else will come along with answers on the medical coverage - I don't know a whole lot about that.