Healthcare premium for child support


#1

I re-married two years ago, and my new husband provides a healthcare insurance which is a “Cadillac” plan and has no monthly premium. We pay nothing each month for the health insurance premium. It has great coverage, beyond what can be found in the private sector.
My ex-husband insists on carrying a high premium, high deductible plan to cover himself, his adult daughter, and the children that we have together. I have asked him to stop carrying the high premium, high deductible plan as insurance for our children, since it really covers almost nothing and I am bound to use his in-network providers. He likes to pass this expense on to me through the child support calculator although he admits the purpose is to cover him and his adult daughter. Do I need to pay when the children we have together are covered with insurance at no monthly premium?


#2

You do not have to help pay your ex-husband’s health insurance premiums unless you have a separation agreement or court order that requires you to. Your children can be on the cheaper policy through your current husband unless you have a separation agreement or court order that states you cannot do this.

Even if your children are on the more expensive policy, the only amount that is included in the child support worksheet is the amount for the minor children’s portion only - any costs for your ex-husband and his adult daughter are not to be included in the child support worksheet for the minor children you have with your ex-husband.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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