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Child Support/Medical Insurance?

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N

NCPMom

Guest
What is the name of your state? PA but kids are in CO

My Ex keeps calling me and telling me I owe him money for his co-pay and braces on the kids. He keeps telling me that on our work sheet I have to pay 31% of the medical.

My question is:

Is that true, I always thought that the medical was encluded in the support?

This is what our agreement says:

Medical Insurance:
It is specifically understood and agreed that the Husband shall provide and maintain a Hospitalization and medical policy or insurance for the benifit of the minor children throughout his membership with IBEW Local 68 Union. If Husband ceases his membership with IBEW Local 68 Union or Wife becomes eligible for insurance through her employment, Hasband and Wife shall determine which party shall provide and maintain the primary and/or secondary hospitalization and medical policy of insurance for the benifit of the minor children, with Husband and Wife each paying the costs and expenses os such insrance in proportion to their income as determined in Worksheet B. Any medical; hospitalization; dental; opthamological; optometric; orthopontic; or psychiatric, psychological counseling or therapy expenses(if diagnosed a necessary by a physician) incurred for and in the behalf of the minor children, including the costs of prescription drugs, not covered by the aforesaid insurance or any other insurance, shall be paid by the parties as and when such costs become due and payable, with, with Husband and Wife each paying costs and expenses of such insurance in proportion to their income as determined in Worksheet B.

Can someone explain what this means? I am having a hard time understanding it. The way I see it, if he does not have insurance and if I am working them we have to pay the cost together, right?

On Worksheet B, do they consider the expenses for medical in my child support? And do I have to pay more to him when he says I owe him? Because on the worksheet b it says on line
3. PERCENTAGE SHARE OF INCOME 31.32% for Mother 68.68% for Father
6. EACH PARENT'S SHARE OF SUPPORT $434.16 Mother $951.90 Father

So in turn and finally to the end, I am paying $150 a month plus $30 in rears a month. Is this encluding the medical costs too?

Help and thank you!
 


haiku

Senior Member
Your ex is correct, the insured and uninsured costs are to be split, per your court order, using the percentage used to figure the child support.
 
N

NCPMom

Guest
I still don't understand, if it shows that it is calculated in the worksheet, shouldn't it be part of the child support?

Here is my sheet:

1> MONTHLY GROSS INCOME Mother Father COMBINE
A. Support payments to Others $1387.00 $3041.00
B. Maintenance Paid .00 .00
C. Other Children Adjustment .00 .00
D. Higher Education Expenses .00 .00
2> MONTHLY ADJUSTED GROSS INCOME 1387.00 3041.00

3> PERCENTAGE SHARE OF INCOME 31.32% 68.68%
4> AMOUNT FROM GUIDELINES SCHEDULE 924.04
5> BASIC SUPPORT OBLIGATION 1386.06
6> EACH PARENT'S SHARE OF SUPPORT $434.16 $951.90

7> OVERNIGHTS WITH EACH PARENT 104 261
8> PERCENTAGE TIME WITH EACH PARENT 28.49% 71.51%
9> PORTION OF OWN SHARE OWED TO OTHER$310.45 $281.23

10> ADJUSTMENT EXPENSES PAID BY EACH OTHER
A. Child Care for work .00 $353.00
B. Child Care for education .00 .00
C. Health Insurance .00 .00
D. Extraordinary Medical Expenses .00 .00
E. Other Extroardinary Expenses .00 .00
F. Income of children .00 .00
G. Total Adjustment expenses .00 353.00

11> FAIR SHARE OF ADJUSTMENT EXPENSES 110.57 242.43
12> EXPENSES PAID IN EXCESS OF FAIR SHARE N/A 110.57
13> TOTAL OWED BY EACH OTHER 310.45 160.66
14> RECOMMENDED CHILD SUPPORT 149.79

Can someone explain this to me and tell me if medical is encluded on this work sheet and how it coinsides with the previous post I made.

Thank you
 

juke

Member
I'll get some links and/or info to you in a bit, but first you must tell me why and how you are using Schedule B to calculate your support. In order to use Sched. B, you must have the kid(s) for a minimum of 93 overnights. Period. I don't know how you are doing that from PA. Did you get your divorce settled in CO, while you were having frequent parenting time, and then move to PA?

If this is the case, you are damn lucky your ex is still using Schedule B to calculate support. I wouldn't make a lot of waves.
 
N

NCPMom

Guest
Yes, the divorce was done in CO in 1998 and no changes to the support or visitation has been made, I only moved out to PA in 2000.

When I went to visit the kids in CO in May I got to see them when ever my ex felt like taking to my parents where I was staying. Now that I am back home in PA my ex is calling me all of a sudden demanding I pay him for his co-pay and dental on the kids.

I have no clue why they used Worksheet B but that is what the lawyer drew up and that is what I have for my case. But he says he has sole custody and that I need to pay him for the co-pay and dental and I always thought that was encluded in the support.
 
N

NCPMom

Guest
opps forgot to ask,

what do you mean that I am lucky we are using worksheet B? What is the differance? I am so not use to any of this, I am so confused.

I don't want to make waives, I just want to pay my support and see the children in the summer time.
 

juke

Member
Well, count yourself lucky that your ex is still using Sched. B. He has every right to move you onto Sched. A., and you would pay a lot more. How are you managing over 100 overnights from PA? Or is that your old schedule still?

Here is where medical is included on your worksheet:
10> ADJUSTMENT EXPENSES PAID BY EACH OTHER
A. Child Care for work .00 $353.00
B. Child Care for education .00 .00
C. Health Insurance .00 .00
D. Extraordinary Medical Expenses .00 .00
E. Other Extroardinary Expenses .00 .00
F. Income of children .00 .00
G. Total Adjustment expenses .00 353.00

The person who is court-ordered to carry insurance is the one who has the right to include it as an expense on the worksheet. I see that neither of you, according to your worksheet, is providing medical insurance. Is that true?

You DO owe him your share of the expenses, both legally in your agreement, and morally as their parent. Do you WANT your children to do without medical care and/or braces and/or dental care? If so, why? If not, then pay it.

If you want to see how Sched. B. benefits you, then run the numbers on A. It's a pretty significant difference.

Here's a link to the CO statutes:
http://www.courts.state.co.us/chs/court/forms/domestic/Statute 14-10-115.doc
It clearly states that the parents shall split the cost of health insurance along the same lines as support. This is yet another reason why are lucky to be on Sched. B!
 
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N

NCPMom

Guest
Still the old schedule,

My ex is responsible for the hospital and medical insurance according to the agreement. He has insurance with his union on both kids.

He never included it on the schedule B because he got the insurance free through his union and I didn't have insurance, so being that it was not included, does that mean I don't have to pay or I do have to pay.

(After the total child support obligation is calculated and divided between the parents in proportion to their adjusted gross incomes, the amount calculated in paragraph (c) of this subsection (13.5) shall be deducted from the obligor's share of the total child support obligation if the obligor is actually paying the premium. If the obligee is actually paying the premium, no further adjustment is necessary.)?

The children do have medical care and they will always have that as long as he is with the union. Now the dental is a different story, my daughter did not medically need braces, they only got them because she did not want crooked teeth. And I don't mind helping out but like I said, I have no job, I am a homemaker so money is tight with me, I don't mind paying child support, so I know its going to the kids. But I don't want to have to pay double.

All I need to know is if I have to pay his co-pay?


I just want to thankyou by the way for all the help your giving me, I know I am being a pain but this is so confusing.

Thank you
 

juke

Member
Let me say it again: You are going to end up on Sched. A if you make waves with your ex. If he retains counsel or goes to mediation, that will be the first of many things they will do to you. "Making waves," in my book, includes getting petty about copays.

I GUARANTEE you that, if you fight him on this issue in court or in mediation, you will lose.

No one in the legal system cares if you are a homemaker/SAHM or a secret government agent. You could very well get a job to pay for your children's care. Or you can get someone else to pay, like your current SO. Whichever. Paying half of a copayment is hardly "paying double" in child support.

So the ex gets the insurance "free" from his union. That means he has to keep a job to keep insurance. Do you think that's easy, every day, day in and day out? Try it.

I know of very few kids with "medically necessary" braces -- aren't they usually for crooked teeth? Sheesh...be a PARENT and think of your kid's best interest.
 

haiku

Senior Member
NCPMom said:
Still the old schedule,

My ex is responsible for the hospital and medical insurance according to the agreement. He has insurance with his union on both kids.

He never included it on the schedule B because he got the insurance free through his union and I didn't have insurance, so being that it was not included, does that mean I don't have to pay or I do have to pay.

(After the total child support obligation is calculated and divided between the parents in proportion to their adjusted gross incomes, the amount calculated in paragraph (c) of this subsection (13.5) shall be deducted from the obligor's share of the total child support obligation if the obligor is actually paying the premium. If the obligee is actually paying the premium, no further adjustment is necessary.)?

The children do have medical care and they will always have that as long as he is with the union. Now the dental is a different story, my daughter did not medically need braces, they only got them because she did not want crooked teeth. And I don't mind helping out but like I said, I have no job, I am a homemaker so money is tight with me, I don't mind paying child support, so I know its going to the kids. But I don't want to have to pay double.

All I need to know is if I have to pay his co-pay?


I just want to thankyou by the way for all the help your giving me, I know I am being a pain but this is so confusing.

Thank you
According to the worksheet you posted, there was NO provision for health insurance cost added or minused from the child support. this would be because there is no cost currently, BUT there are costs that are not covered by insurance. And they are addressed in what you posted here.

"Any medical; hospitalization; dental; opthamological; optometric; orthopontic; or psychiatric, psychological counseling or therapy expenses(if diagnosed a necessary by a physician) incurred for and in the behalf of the minor children, including the costs of prescription drugs, not covered by the aforesaid insurance or any other insurance, shall be paid by the parties as and when such costs become due and payable, with, with Husband and Wife each paying costs and expenses of such insurance in proportion to their income as determined in Worksheet B."

what this means in plain english is any premium costs and any medical costs not covered under your ex's plan free, are to be split between you using the formula used to set the support amount.

It is pretty clear from the second posting that medical costs are NOT included in your child support amount.

of course before paying the amount I would ask to se a bill for the charges, because you should know what you are paying for.
 
N

NCPMom

Guest
Thank you all for the help, now I understand what this all means, and yes I will help pay my part I just wanted to make sure that is what I had to do and that he is not trying to put one over one me.

So thank you all so much for helping, its very greatly appreciated.
 

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