Is health insurance decided through Court?

[dkishton1486]

I currently reside in the state of ohio and I pay child support to my ex who also
resides in the state of ohio. I currently pay close to $400 a month and pay $60
of that $400 back to the state of ohio for his state medicade. My ex is wanting
to come after me to pay my sons health insurance because she now makes more
money and he is getting kicked off of the state health insurance.My health insurance through work is roughly $700 for a family plan. I am not
enrolled in any health care throuh work or private network as its very hard to
pay for it. She is insisting that I am liable to pay for it no matter what. She
also said that she will withhold me from seeing my son if I do not get him
health insurance. I know I shouldnt be complaining about this but I do step up
and take care of my son I buy him things and all. We currently have "shared
parenting". Will they also look into her insurance policy that she can get
through work? Basically im just trying to see what my options here are.

 

[mistoffolees]

I currently reside in the state of ohio and I pay child support to my ex who also
resides in the state of ohio. I currently pay close to $400 a month and pay $60
of that $400 back to the state of ohio for his state medicade. My ex is wanting
to come after me to pay my sons health insurance because she now makes more
money and he is getting kicked off of the state health insurance.My health insurance through work is roughly $700 for a family plan. I am not
enrolled in any health care throuh work or private network as its very hard to
pay for it. She is insisting that I am liable to pay for it no matter what. She
also said that she will withhold me from seeing my son if I do not get him
health insurance. I know I shouldnt be complaining about this but I do step up
and take care of my son I buy him things and all. We currently have "shared
parenting". Will they also look into her insurance policy that she can get
through work? Basically im just trying to see what my options here are.

Look up your custody order. There will be a section on medical expenses - or it may be included in the child support section. Tell us what it says - word for word, but without the names.

In general, you are only obligated to pay what the court order says you must pay.

And, btw, if she is making more money, you could ask to have CS recalculated. Of course, I wouldn't go there without running the numbers for your state - there should be a calculator online.

 

[dkishton1486]

On my child support order it states that I just oww the state of ohio $60 a pay ($120) a month for his health care because he is on State Medicade. We only went to court over Child Support NOT custody or visitations we agreeed on all of that verbal and of course shes now getting less in child support because I got all paid up and shes mad because she cant go out and party like she used to and shes taking me back to court to get more in child support and wants me to pay for full health coverage because shes getting low on money because she spends it on going out every weekend and on a new car. But I also have him about the same amount of time she does she has hime only 1 more day then I do. But the only papers I have are from the CSEA stating how my payment is split to her monthly but as of right now I do pay his health care for the state of ohio. Hope this helps you out?

I would run the numbers but she wont tell me how much more she is making but I know for a fact im making LESS then when we went in about a year ago.

 

[LdiJ]

I currently reside in the state of ohio and I pay child support to my ex who also
resides in the state of ohio. I currently pay close to $400 a month and pay $60
of that $400 back to the state of ohio for his state medicade. My ex is wanting
to come after me to pay my sons health insurance because she now makes more
money and he is getting kicked off of the state health insurance.My health insurance through work is roughly $700 for a family plan. I am not
enrolled in any health care throuh work or private network as its very hard to
pay for it. She is insisting that I am liable to pay for it no matter what. She
also said that she will withhold me from seeing my son if I do not get him
health insurance. I know I shouldnt be complaining about this but I do step up
and take care of my son I buy him things and all. We currently have "shared
parenting". Will they also look into her insurance policy that she can get
through work? Basically im just trying to see what my options here are.

Shop around and get quotes for private insurance for the child. You may find that you can do that much more economically than getting a family plan at work.

 

[mistoffolees]

On my child support order it states that I just oww the state of ohio $60 a pay ($120) a month for his health care because he is on State Medicade. We only went to court over Child Support NOT custody or visitations we agreeed on all of that verbal and of course shes now getting less in child support because I got all paid up and shes mad because she cant go out and party like she used to and shes taking me back to court to get more in child support and wants me to pay for full health coverage because shes getting low on money because she spends it on going out every weekend and on a new car. But I also have him about the same amount of time she does she has hime only 1 more day then I do. But the only papers I have are from the CSEA stating how my payment is split to her monthly but as of right now I do pay his health care for the state of ohio. Hope this helps you out?

I would run the numbers but she wont tell me how much more she is making but I know for a fact im making LESS then when we went in about a year ago.

I really doubt that you provided the exact wording like requested, but if your paraphrase is accurate, then you have to pay $60 to the state of Ohio for Medicaid. If the state no longer wants to collect it, you would not have to pay anything.

Now, your ex can then go back to court to request an order for you to pay medical insurance. Until she does so, you don't have to do anything. When she requests a modification, you will ask for CS to also be recalculated based on her greater income and your reduced income. You will subpoena her paystubs to show how much she is making and provide your own information and the court can then calculate a new child support amount.

Since you were ordered to pay some amount for medical earlier, they may well order that you pay some of the cost of providing medical coverage, but it's unlikely that they're going to require you to pay for 100% of medical insurance. More likely, the custodial parent will be required to provide insurance and the non-custodial parent will be required to reimburse some portion of it (often based on your relative incomes). If that happens, make sure you ask the court to include a requirement that she actually obtain the insurance before you reimburse her - if the order simply states that you pay $xxx, you might pay and then find that ex never got the insurance.

 

[OHRoadwarrior]

Having dealt with this, I knew the answer to your question. When looking for specifics, to your case, I ran across this link. It will lay everything out for you quickly.

Ohio Laws on Child Support & Insurance | eHow.com

The thing in question, is which of you will initiate the court action. She wants insurance for the child. You want to stop the $60 going to the state and to have her additional income factored in. I think you are the person who will "blink" first.

 

[dkishton1486]

Ok I totally understand I have no issue paying the State at all. I just dont see how she expects me to pay $386 a month in child support and I got the actual figures from our HR person and for health coverage its $342. She basically wants me to pay out $728 a month while she wont have to pay anything at all.

 

[OHRoadwarrior]

From the agreement you currently have, you are only required to pay $60 to the state. The court will evaluate CS and healthcare options, then make it equitable according to state guidelines. Read info in the link. One more thing I will mention, one or both of you may lose the health coverage, you currently have. When you agree to something regarding coverage, I suggest you read the wording carefully.

I would consider something to the effect of "both parents are responsible for maintaining healthcare coverage for the child, splitting the cost, in the most economical method". Something along the wording of this, should cover a situation where cost changes from the court ordered status. Not working together gives the other an opening to file for contempt. You also want wording to cover amounts above and beyond what the insurance pays.

 

[LdiJ]

Ok I totally understand I have no issue paying the State at all. I just dont see how she expects me to pay $386 a month in child support and I got the actual figures from our HR person and for health coverage its $342. She basically wants me to pay out $728 a month while she wont have to pay anything at all.

Once again, get some quotes on private insurance for the child. Again, it may be far more economical than the family plan at work.

 

[dkishton1486]

Ok well I found a laywer and im going to set up an appt next week

 

[stealth2]

On my child support order it states that I just oww the state of ohio $60 a pay ($120) a month for his health care because he is on State Medicade.

Just for the sake of accuracy, if you are paid every two weeks, that is not equal to $120/mo. A month is considered to be 4.3 weeks, so it would actually be $129/mo.

I would run the numbers but she wont tell me how much more she is making but I know for a fact im making LESS then when we went in about a year ago.

Why are you making less? If it is a voluntary decrease, it's not going to help you at all.

Ok I totally understand I have no issue paying the State at all. I just dont see how she expects me to pay $386 a month in child support and I got the actual figures from our HR person and for health coverage its $342. She basically wants me to pay out $728 a month while she wont have to pay anything at all.

Let's clear up another misunderstanding. Mom is NOT getting out of paying anything. I can guarantee that your child's expenses exceed $400 you pay in support. Really.

 

[dkishton1486]

I am salary with my first check on the 15 of the month being my comission check has gone way down. I never said she dont need to pay anything and im not complaining aobut having to pay for it I just dont want her thinking she can make ALL the decisions on her own. She said im not allowed to make any important decisions for him because I wont buy his insurance and im only a father when I want to be.

 

[TxPE2011]

FYI on the private policy-- most large insurance companies no longer provide child only private policies because of the new health care act. There are still some companies that will offer such a policy at a higher cost.

 

[Ohiogal]

Ok I totally understand I have no issue paying the State at all. I just dont see how she expects me to pay $386 a month in child support and I got the actual figures from our HR person and for health coverage its $342. She basically wants me to pay out $728 a month while she wont have to pay anything at all.

First, you will be ordered to cover your son on your health insurance if HIS portion of health insurance is less than 5% of your gross income. His portion is (Family plan - single plan)/number of people covered other than you.

Second, the amount of insurance paid for him counts towards your child support payment.

Therefore you need to have this recalculated. You should want to insure your child if at all possible.

 

[Ohiogal]

Shop around and get quotes for private insurance for the child. You may find that you can do that much more economically than getting a family plan at work.

And he will not be ordered to do that.