My divorce decree states that I am the custodial parent and I am the one to supply health insurance. I have a family policy. My ex has now decided that he wants to be the 1 supplying her insurance which will make the child support go way down. He seesm to think that child support is based on an individual premium rather than family. Which is it?
Law & Ethics - 7 Answers
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1 :
I do not know where you live, but in Texas the monetary amount for child support is based on the income of the non-custodial parent. It is not affected by health insurance. Health insurance or responsibility for care is assigned by the court, but is often the responsibility of the non-custodial parent. If the custodial parent maintains a health insurance policy on the children, the non-custodial parent can be required to re-imburse the co-payments.
2 :
i think child support is based on how much the other parent makes so don't let him pay health insurance and double the child support and get really good insurance and send your child/children to a private school
3 :
Hi child support is based on the income of both parties involved and each state has their own formula on setting child support payments. If he thinks that his child support will go down because he is paying the health insurance, he is mistaken. Then only way it could go down is if you go back to court and revisit the child support issue. Some state have a limit, for instance you can only come back to court on child support issues every two years. You need to check with family court in your area regarding your question. I hope this information helps.
4 :
Well, your first issue is whether your ex can assume the cost of the insurance to lower his support obligation. If the decree says you will pay, he can't just unilaterally decide to do this. He needs to go back to court to the support order revised. IF the court for some reason permits him to assume the cost of insurance, then it will look at your state child support guidelines and determine how much support the child or children are entitled to. It's typical for the state of offset support obligation by the cost of insurance. The court will look at the ADDED cost of insurance. For example, if he already has to pay $100 per month to insure himself, and $200 per month to cover him and your daughter, he will only be permitted to offset the additional $100. Another issue in all this is whether the insurance he proposes to provide has as good coverage, and whether the company is as reliable in paying claims. Another issue is who pays medical costs that aren't covered (e.g., copays and deductibles). Bottom line is that he can't just decide to do this without going back to court.
5 :
He can get an individual policy on a child without it being part of a family policy. I know Blue Cross/Blue Shield provides this (especially handy for divorced parents living in different states). Yes, it is based on an individual premium or a family premium, whichever is less. My cousin pays about $90/month for the policy for his son (now 8). He did not have to have a family policy. If you are the one to supply insurance, via the decree, I don't see how taking over the insurance will change his support any. Health insurance frequently is a completely seperate issue for base child support (based on income).
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