You will need to file a petition to modify child support and get a new order signed by the judge. Giana Messore licensed in AR only – Little Rock, AR. The parent that receives the “credit” in the child support calculator is receiving benefit not simply because he/she is paying the premium. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. If the children are not in California, the majority of the year it does not make sense to have medical insurance with in-network providers that practice only in California. Mother would be paying $6,000 in support to Father for that year and an additional $1,400 ($3,500 x 0.40 [her percentage of the unreimbursed expenses]). It will cost Mother $2,400 ($200 x 12) to cover the children’s insurance costs for the year. This calculator will allow you to see what the differences are between your ex covering, your covering, or both or neither of you receiving credit. Jerrad Ahrens licensed in NE and IA only. He has written countless pieces dealing with the unique child custody and divorce issues that men and fathers face. Office in Ridgeland, MS. Is Child Support Tied To Health Insurance? If you would like to see how the medical insurance coverage costs would affect your child support, please try our child support calculator. While I am not licensed to practice law in your state, I can give some general guidance on this issue. That means that Mother will pay Father $4,800 plus the out-of-pocket insurance costs: $2,400. THIS IS AN ATTORNEY ADVERTISEMENT. Divorce is life changing. A lot of parents will simply want to save the most money possible. Remember if you do end up going to Court that it is important to have verifiable evidence of the medical insurance costs, i.e. Michelle Ferreri licensed in PA and NJ only - Philadelphia, PA. Dorothy Walsh Ripka licensed in OH, IL, MO, KY and TX only. The judge also may allow him to claim in addition to your coverage so there is a secondary coverage. Take a look at our library of Q&As, articles, and calculator tools to help you on your journey. While child support is never an easy topic to deal with, especially in contentious cases, the numbers will speak for themselves. It would have to be a significant increase in costs, however, because you only … There are two children on the child support order. Shawn Garrison is an Online Editor for Lexicon, focusing on subjects related to the legal services of customers, Cordell & Cordell and Cordell & Cordell UK. In a calculation system like what we have in Georgia, your increase in health insurance coverage (specific to your daughter) could very well be grounds to have your child support obligation re-adjusted. It will cost Mother $200 a month to cover the children’s medical insurance, which will lower her child support payments by $100. These calculations will combine both parents’ income, determine what amount of this joint income is usually spent on child rearing, and assign child support based on the secondary parent’s percentage share of that combined income. To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Georgia divorce lawyer Adam Sutton, contact Cordell & Cordell. I have always covered the kids for health insurance and his coverage only has in-network providers in California. This child support is separate from your health insurance obligation and it is very unlikely that a judge will adjust child support without a change in your income too. Your HR department or your insurance company can provide you this information. Mother will pay $9,400 total for that year in child support and medical costs for the children. When you cover your child on your health insurance, you generally will be able to deduct the amount that you pay per month on health insurance for that particular child from your health insurance. The ways child support is calculated varies greatly from state to state so I strongly encourage you to contact a Cordell and Cordell associate in your state who can advise you about their specific rules, procedures, and calculations. If it does look like the increase in health insurance significantly impacts the final child support number, the readjustment to your obligation is not automatic. In looking at your particular scenario, you have several facts that strengthen your argument that you should be able to claim the children’s insurance coverage and that your ex should not. This calculator can be found here: https://mymodernlaw.com/arizona-child-support-calculator/. I hope this helps. This is money in your pocket that you can spend on your kids. It will cost Mother $200 a month to cover the children’s medical insurance, which will lower her child support payments by $100.  “Credit” is not a tax credit but is being used to explain the inclusion of the value of the insurance premium in the calculator and the reduction of that party’s portion of the child support obligation. Mother will actually be costing herself money. Home / Articles / Is Child Support Tied To Health Insurance? The choice of a lawyer is an important decision and should not be based solely upon advertisements. Divorce Dilemma: Avoiding Child Support Debt & Contempt, Understanding Divorce as a Qualifying Life Event for Medical Insurance Providers | Men's Divorce, Cordell & Cordell Virtual Town Hall Emphasizes the Importance of Strategy in Divorce Cases, Cordell & Cordell’s Virtual Town Hall Highlights Dirty Tricks in Divorce, Cordell & Cordell to Host Virtual Town Hall on September 17, Click here for a full listing of offices nationwide. Mr. Garrison has managed the sites of these customers, and fostered the creation of several of their features, including the Cordell & Cordell attorney and office pages, the Dad’s Divorce Newsletter, and the Cordell & Cordell newsletter. It is also important to remember that the cost(s) to insure the parent and/or anyone else on the insurance plan aside from the minor children that are subject to the child support order, is/are not included in the amount that is included in the child support calculation. As always if you have questions or concerns, please speak with an Arizona family law attorney. This may actually reduce the amount of unreimbursed expenses as the secondary coverage may actually pay the remainder of the bill. Let’s start by sharing our playbook. Tags: finances, health, insurance, modification, Your email address will not be published. It would be unfair for the covering parent to get to reduce his/her child support for money spent covering that parent or other individuals who are not on the order. Most states calculate their child support in one of two ways. It sounds as if your ex has relocated to another state that changes his parenting time days from your current order. Georgia’s version of the pro rata share system also takes into account many expenses incurred by either parent: daycare, school tuition, and health insurance coverage just to name a few. Click to share on Facebook (Opens in new window), Click to share on Twitter (Opens in new window), Click to share on Reddit (Opens in new window), Click to share on LinkedIn (Opens in new window), Click to share on Pinterest (Opens in new window). Mother’s percentage of the unreimbursed medical bills is 40%. FREE BACKGROUND INFORMATION AVAILABLE UPON REQUEST. Mother would like to lower her monthly payment of child support by paying for the children’s medical insurance. Joseph Cordell, Principal Partner, licensed in MO and IL only. CORDELL & CORDELL, ST. LOUIS, MO. If you have a family plan already, then you’re able to lower your support without having to pay more for your health insurance. Answer: The answer is maybe. © My Modern Law 2020. We spoke about trying to handle the case ourselves but he says that he should get credit for covering the kids’ health insurance. Mother would pay $7,400 total in child support and medical costs for the children for that year. The children visit Mother in State B over the summer on a long-distance parenting plan. Question: My ex has recently moved to California and is now filing to modify child support due to the change in his parenting time days. Other states calculate child support as a pro rata percentage of both parent’s income. Save my name, email, and website in this browser for the next time I comment. Sending us information does not create an attorney/client relationship. This is how my state of practice, Georgia, operates. If it costs the parent covering the children $500 a month for coverage but it costs $200 to cover the employee, you would subtract that $200 from the total and only include $300 for insurance costs for the calculation. This information is also available on many insurance company websites. You can propose to the court that $XX of your monthly child support payment take the the form of insurance for your child. The child support calculator tool at the link above is a great way to be able to show him how much each of you will spend. To make matters worse, if the children’s coverage is only in State B, the parties will likely be paying 100% of the medical costs. a cost breakdown from the insurance provider (including costs for the employee who’s paying) as well as the deduction from your paycheck (if the amount is currently being taken out of your check). It would have to be a significant increase in costs, however, because you only get a partial credit in the calculator for the health insurance. Through his work on CordellCordell.com, CordellCordell.co.uk, and DadsDivorce.com, Mr. Garrison has become an authority on the complexities of the legal experience and was a content creator for the YouTube series “Dad’s Divorce Live” and additional videos on both the Dad’s Divorce and Cordell & Cordell YouTube channels. Father lives in State A with the children. If your ex is one of those people, you may end up having to take him to court and letting the judge decide. Child Support is determined by the Arizona Child Support Guidelines. Governed by the Arizona rules of professional conduct. Depending on which parent pays these expenses, they can cause the final child support obligation to increase or decrease. You would need to sit down with an attorney experienced with child support and run the exact numbers to know for sure. The “benefit” is not dollar-for-dollar, so he is actually paying more than the decrease in his support is worth and the children are not properly covered, so his portion of the unreimbursed medical expenses will be higher. Required fields are marked *. I know this is not what you want to hear, but let’s go through why it is possible that your ex could get credit for covering your children. All rights reserved. Mother’s reduction in child support will only be $1,200 ($100 x 12). Now let’s assume that Father’s coverage will reduce the total amount of the children’s medical costs from $5,000 (total costs) to $3,500 (unreimbursed expenses), but Mother’s child support remains at $500. I would recommend trying to show your ex with basic math that his idea will cost him money. Mother will be paying $7,200, excluding per portion of the medical expenses. There are some difficult parents that will not care that they are paying more out of pocket so that they can send less money to the other parent in actual child support. If Mother pays the insurance, she will be paying $4,800 in child support per year. Mother pays Father $500 a month in child support, which means she is paying $6,000 in child support per year. The order for support also assigns responsibility for medical insurance coverage as well as the percentages each parent is responsible for regarding unreimbursed medical expenses for the children. $500 (total cost) – $200 (cost for parent’s portion of the insurance premium) = $300 (total to cover the children). Attorney services are provided by licensed attorneys in every state where Cordell & Cordell offices are located. Knowledge gives you power. Your email address will not be published. The insurance “credit” is being included to offset the income that party is not receiving because he/she is paying that amount to cover the children’s insurance.
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