SPARC Forums

I pay CS to my ex for our two daughters.  The formula is 30% of net income.  Either party can have it reviewed every three years and this is our year for review.

I'm required to carry health insurance on the girls.  I am engaged and plan to move myself and girls to my finance's health insurance policy after I'm married, it's less expensive and better coverage.

Right now I'm overpaying CS by about $15 a week because of the increasing cost of insurance but don't play to request a review.  My ex has 'threatened' me with one and  I suspect if she doesn't request a review this year she will eventually.

When married my net income will increase dramatically if I move the insurance to my wife's policy.

1.  Do the courts take into consideration that the insurance is coming from spouse's income?

2.  If so, will she have to prove it by providing a paycheck?    

Thank you.

>1.  Do the courts take into consideration that the insurance
>is coming from spouse's income?

If you can prove that you are actually reimbursing your spouse for the additional cost of you and your daughters' insurance premiums, then the court will deduct this from your net income, because you are court ordered to pay the amounts.

If not, then the court will calculate your new support obligation based on your net disposible income. The result will be an increase in support. My advice is that you pay the insurance company directly for the additional premiums, so that you have proof that you are still incurring a certain cost. Otherwise, the court will treat it as if your income has increased, by shifting the cost burden onto your spouse, and the result will be that you owe more support.

>2.  If so, will she have to prove it by providing a paycheck?

Your spouse doesn't have to prove anything. She's not a party to your support case. You have to prove that your income has not increased, and unless you are paying the insurance provider directly, you won't be able to do this.