• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Child support question

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

JinSu252

Junior Member
Maryland

My ex wife and I share 50/50 custody. We've been very amicable in our divorce and we've split everything down the middle. We even went to court without lawyers. We have 2 children together and they are on her insurance. Due to this, and our 50/50 split, I pay a fairly minimal amount of child support to supplement the amount paid for health insurance. She is getting ready to be married this weekend and move in to her new husband's house. She is getting ready to have another child and we were going over scenarios today where if she were to leave her job and go on his health insurance, would it make more sense to put my kids on my health insurance if her income would go down to 0? Her new husband has a good job, makes good money and we have the same health insurance provider. If we were to go back to court and re-assess the child support, would I end up paying more even if the kids are on my insurance due to the fact that her income would go down to zero? Would her husband's income play a factor in that?

Thank you for your time.
 


If she quits work, she is voluntarily unemployed so the court could use her previous income in the child support calculation. Her husband’s income should not matter.
 
Last edited:

LdiJ

Senior Member
Maryland

My ex wife and I share 50/50 custody. We've been very amicable in our divorce and we've split everything down the middle. We even went to court without lawyers. We have 2 children together and they are on her insurance. Due to this, and our 50/50 split, I pay a fairly minimal amount of child support to supplement the amount paid for health insurance. She is getting ready to be married this weekend and move in to her new husband's house. She is getting ready to have another child and we were going over scenarios today where if she were to leave her job and go on his health insurance, would it make more sense to put my kids on my health insurance if her income would go down to 0? Her new husband has a good job, makes good money and we have the same health insurance provider. If we were to go back to court and re-assess the child support, would I end up paying more even if the kids are on my insurance due to the fact that her income would go down to zero? Would her husband's income play a factor in that?

Thank you for your time.
It might actually make more sense to put the children on her husband's insurance rather than on yours. Since they are having a child and therefore will have to pay for a family plan anyway, its likely that adding the children to his would be more cost effective on an overall basis.

Generally the parent with the higher income (new spouse's incomes do not count at all) ends up paying some child support in a 50/50 split. Mom can be imputed an income at what she is capable of making, but if you make more than mom now, and you are only paying enough to supplement health insurance, its quite possible that you might end up paying a little more child support. However, that would not be because mom's income went to zero, it would be because you are not paying enough now.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top