nebraskadad99
Junior Member
I live in Nebraska. My ex is required to hold insurance on our kids. By law, she is responsible for the first $480 of medical expenses, per child, per year. My question is, do her premiums count towards that $480? When reading the way the law is written, I can see both sides.
A) Health Insurance. The increased cost to the parent for health insurance for the child(ren) of the parent shall be prorated between the parents. When worksheet 1 is used, it shall be added to the monthly support from line 7, then prorated between the parents to arrive at each party’s share of monthly support on line 10 of worksheet 1. The parent requesting an adjustment for health insurance premiums must submit proof of the cost for health insurance coverage of the child(ren). The parent paying the premium receives a credit against his or her share of the monthly support. If not otherwise specified in the support order, “health insurance” includes coverage for medical, dental, orthodontic, optometric, substance abuse, and mental health treatment.
(B) Health Care. Children’s health care expenses are specifically included in the guidelines amount of up to $480 per child per year. Children's health care needs are to be met by requiring either parent to provide health insurance as required by state law. All nonreimbursed reasonable and necessary children's health care costs in excess of $480 per child per year shall be allocated to the obligor parent as determined by the court, but shall not exceed the proportion of the obligor’s parental contribution (worksheet 1, line 6). If not otherwise specified in the support order, “health care costs” includes coverage for medical, dental, orthodontic, optometric, substance abuse, and mental health treatment.
If I understand correctly, this means she can deduct her premiums from her monthly income when determining my child support. If she can count her premiums towards the $480, that seems like double dipping? I asked my lawyer this same question, but I just got the quick answer that premiums dont count towards the the $480, but no explanation. He may be in court this week and not have much time to answer, and Id rather know what I am talking about before I argue my case with the ex.
Can anyone help me?
A) Health Insurance. The increased cost to the parent for health insurance for the child(ren) of the parent shall be prorated between the parents. When worksheet 1 is used, it shall be added to the monthly support from line 7, then prorated between the parents to arrive at each party’s share of monthly support on line 10 of worksheet 1. The parent requesting an adjustment for health insurance premiums must submit proof of the cost for health insurance coverage of the child(ren). The parent paying the premium receives a credit against his or her share of the monthly support. If not otherwise specified in the support order, “health insurance” includes coverage for medical, dental, orthodontic, optometric, substance abuse, and mental health treatment.
(B) Health Care. Children’s health care expenses are specifically included in the guidelines amount of up to $480 per child per year. Children's health care needs are to be met by requiring either parent to provide health insurance as required by state law. All nonreimbursed reasonable and necessary children's health care costs in excess of $480 per child per year shall be allocated to the obligor parent as determined by the court, but shall not exceed the proportion of the obligor’s parental contribution (worksheet 1, line 6). If not otherwise specified in the support order, “health care costs” includes coverage for medical, dental, orthodontic, optometric, substance abuse, and mental health treatment.
If I understand correctly, this means she can deduct her premiums from her monthly income when determining my child support. If she can count her premiums towards the $480, that seems like double dipping? I asked my lawyer this same question, but I just got the quick answer that premiums dont count towards the the $480, but no explanation. He may be in court this week and not have much time to answer, and Id rather know what I am talking about before I argue my case with the ex.
Can anyone help me?