- May 1, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Situation with Child Support and Health Insurance
My ex-wife and I have a legal order that stipulates I must provide health insurance for our children, as long as it remains affordable through my employer. Recently, my new wife obtained better insurance coverage, so we decided to add the children to her policy. In light of this change, we are now considering recalculating child support payments.
## Potential Issues and Questions
As we navigate this process, a few questions have arisen. Could my ex-wife potentially include my new wife’s income in the child support calculation? Additionally, is there a possibility that she could refuse to factor in the health insurance coverage provided by my new wife’s policy, on the grounds that it is not directly sourced from my earnings?
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Spouses income are irrelevant to calculating child support. If the child is on your spouses insurance she can’t simply not put that in the calculations, moreover the child support department calculates it not her so just make sure to include it in the statement
Your wife’s income is not considered for child support calculation purposes.
However, including the premium your wife is paying is very state dependent. You may want to consult with a local family law attorney to find out how your local judges handle that issue.
For example, in my state, the caselaw has come down that if the parties want credit for what a new spouse is paying for insurance, then new spouse’s income is used in the calculation
So, you don’t have to do anything. According to what you have stated, the order says you have to provide health insurance, “as long as it’s affordable” is a reference to the guidelines that state if the portion of the health insurance for adding the kid(s) is less than 5% of your gross income.
The court will not care if it’s your employer health insurance, insurance in the open market or from your wife’s employer.
Your ex could try to throw a fit that it’s not from your employer, but app you would have to do is tell the court it was cheaper and they won’t care. Not to mention, it will have a negligible change in the amount of CS that may be owed.
In NC…
if the Child Support (CS) order is less than 3yrs old then in order to modify the CS amount the CS would have to go up by 15% AND there must be a finding of increased needs of the minor child.
If the order is more than 3yrs old, then the of time that has passed is considered a change of circumstance and could warrant a modification.
You’ve already changed it. They will not count her income towards the CS calculations. You don’t need to file anything to modify the CS. Just make sure the ex wife has the insurance info.
The portion of your child’s health insurance can be used in the CS calculation, so since it’s self + family, the difference to add family divided equally between you, your children and any other children included. Your wife’s income won’t be used to determine CS.
Your wife’s income is not relevant even if she provides insurance but the cost of insurance is used in the calculation