My ex is cancelling the childrens insurance that he has on them in order to get his new wife on his policy. My children do have medicaid insurance that I have on them which is fine but in our divorce agreement on line 5b they take 288.00 out of my child support for the health insurance that he provides for them. My question is can he still take out that 288.00 for health care if he does not have any coverage for the children?
What a party pays for health insurance is not usually directly subtracted from their child support obligation so you should ask for a recalculation of child support based on the change in the health care expense.
*** Not a lawyer ***
stephA, based on your mention of “line 5b” I suspect you are talking about the NC Child Support Worksheet A. If that’s not the case, feel free to ignore the rest of this post.
But if that is true, the child support isn’t being reduced by the full $288 because that $288 is also increasing lines 6 and 7. For Worksheet A, it turns out that the percentage in the first column of line 3 is the percentage of that $288 that the child support obligation is actually being reduced by. So if the first column of line 3 is 10%, the child support obligation is reduced by $28.80 (10% of $288) due to the insurance. And if that first column of line 3 is 0%, then the child support obligation isn’t being changed at all due to the insurance.