Health Insurance Premiums

[mad_as_hell]

The agreement signed between T and his ex says that they are to pay the health ins. premium "equally".   C is on her step father's med ins.  Also on this med. ins. are step-father, J (the ex), and their three children.  A total of 6 people.  To calculate C's portion of the premium, J claims that in "speaking with other mothers", because it is a family plan it does not matter that there are 6 people on the plan.  Therefore it is only "fair" to divide the premium per pay period by only 4 people.  But, we are of the opinion that each person iis still being covered under that plan and each person in the household then still accounts for a portion of that premium per pay period.  Therefore, shouldn't we be dividing the premium by 6 to get C's portion?  That seems fair to me because C is T's only child.  Isn't this just a way for her to get him to pay for some of her other children's expenses?!  What do you think?

[Everyside]

To be honest, I wouldn't pay anything if they have a family plan and several other children.  

Our court order says we split 50/50 all costs that are above and beyond what we pay for our family minus the children on this court order.  So, I have two other children besides the ones on this court order so I need the family plan anyway so my X pays nothing towards my insurance costs.

That is what the courts said.  If I were you, I'd take it back to court for a clarification.  You should be able to file something very easily pro-se to get a clarification on this issue.  

Try posting on the Dear Socrateaser board for more help.  

I wouldn't pay a dime for a family policy for an ex spouse that has more kids and I'm the CP in my situation.

Good luck!!

[mad_as_hell]

Well, we checked with our attorney and he says that T still has to pay 50% of C's portion.  But, he did say that it should be divided by 6 people to figure oiut what is C's portion.  He also said that if J still gives us a hard time about it, that he will file a motion for us and try to get C on her own policy so there is no more arguing.  We've sent J a certified letter stating this and she should get it today.  We've told her that if she doesn't like what our lawyer said, then she should hire her own and have him contact our because we will not deal with her ranting anymore.  The agreement that we speak of was signed in NJ.  J then moved to PA.  PA can't modify any of the financial stuff because T has no ties to PA except C.  She would have to come back to NJ and if she did that, she knows the judge would hang her butt to dry because she's done a lot of stuff that could get her in trouble.  NJ judges are a lot harder on people than Matamoras, PA judges.  Where are your papers signed?

[Everyside]

I live in MN but the papers are signed in AK.  My DH has an ex and a child support order and his says 50% of medical premiums but neither of them pay as they both have family plans.

I have to be honest, I think your lawyer is wrong.  And, before you get "C" on her own policy, I would check out what that would cost.  I bet that is A LOT more expensice than what 1/6 or even 1/4 of a family plan would be.

Depending on what kind of money you are talking about, I would weigh my options.

A:  Pay what she is asking (Not a good idea, sets a precident for her to be unreasonable in the future)

B:  Pay what you think is right and let her decide if she wants to fight over the difference

C:  Don't pay anything because she isn't paying anything extra to have the child on the policy.  

I'd pick C, send her a certified letter telling her why you aren't going to pay her extra, and then let her decide if she wants to pay a lawyer to fight you for it.

Have you looked in your state code for an description of what the law says is due?  AK's spells it out clearly that it is over and above what you would have to pay anyway.  I would really be questioning my lawyer as to why you have to pay for a family policy they already have to have.

Good Luck.

[Everyside]

APPENDIX IX-B
USE OF THE CHILD SUPPORT GUIDELINES
(Includes Amendments Through Those Effective September 1, 2004)

Line 9
Adding Health Insurance Costs for the Child to the Basic Obligation

Enter the parent's weekly cost of health insurance for the child for whom support is being determined on Line 9. If the parent's weekly marginal cost is unknown at the time of the hearing, use the per capita cost of a family policy at the parent's place of work. Do not include health insurance costs for adults or other dependents.

Since the cost of health insurance for children is excluded from the Appendix IX-F child support schedules, a parent's contributions to a health insurance policy which includes the child for whom support is being determined must be added to the basic support amount. Only the parent's cost of adding the child to the health insurance (medical and dental) policy is added to the basic support amount (i.e., the marginal premium cost to the parent to add the child to the policy).

If the parent who is providing the health insurance has no proof of the cost of adding the child to the health insurance policy, the parent's total premium cost should be divided by the number of persons covered by the policy (per capita). The result is then multiplied by the number of children for whom support is being determined to obtain the child's estimated share of the health insurance cost.

For example, if the parent's total health insurance cost is $60 per week and there are four persons covered by the policy (the parent, the two children who are the subjects of the support order, and a new spouse), the per capita health insurance cost for the two children is $30 (($60 ÷ 4 persons = $15) × 2 children = $30). If both parents provide health insurance for the child, each parent's marginal cost of adding the child to the policy should be added together to determine the total health insurance cost for the child.

If the cost of the health insurance policy is unknown at the time of the support establishment hearing, the parent may apply for a modification of the support order when such information becomes available.


So, it looks like you can divide by six to figure out what you owe.  Also, if he carries her on his insurance, he should get credit for that as well.

[jilly]

Or maybe you could subpoena the stepfather's employer for the employee health benefits information.  Most employers give a breakdown of the costs for health insurance for the employee and employee + dependants.

[mad_as_hell]

She has what they call a "family plan" and by many inidications on these boards, we should not be paying anything because there is no additional cost to the mother or her husband for having her on the plan.  

Something stinks... and it's not the litter box.

[rainbow1]

Contact the insurance company directly, in writing. I reccommend having your attorney send the letter. Ask for the per child cost for that specific policy. Have them send it to you in writing. Go from there. Since the child is court ordered to be on that policy you do have the right to the info.