How does insurance/other children affect cs?

[anglyn]

What is the name of your state? Texas

Im filing for support from my ex. We have one child togather. I have three other children with my current husband. I pay almost $400/mo for them to have insurance. Now, I pay that amount if I have one child or 12,its the same. But I wonder how it affects cs amounts. Will they split it four ways and have him reimburse me one fourth? Or split it in half? Or what?

I did an online calculator which put the amount of cs at over $500/mo, Im assuming it was assuming he would pay the ins. 100% but I dont think he will. He has offered to voluntarily pay $200/mo but not reimburse any medical expenses or ins costs. He has no job so would be ordered the minimum amount. He also says if he is ordered to pay ins. he can just go get it on his own leaving me to still pay the full amount of mine as I still have to cover the other kids. Is this true? Does he have a choice? Does he just have to provide it, or will he have to reimburse me? (Ive ALWAYS carried it, he never has).

 

[Ohiogal]

The cost to cover this child is minimal/zero. He will most likely not have to reiumburse you ANYTHING for it because you have three other kids on it and there is no cost for HIS child to insured.

 

[moburkes]

The cost to cover this child is minimal/zero. He will most likely not have to reiumburse you ANYTHING for it because you have three other kids on it and there is no cost for HIS child to insured.

I agree. By reimbursing you, he'd be paying medical for the other children. While I understand where you're coming from OP, you will only have to satisfy 3 deductibles, not 5, and there is no OOP expense for this one child that you wouldn't have already incurred. You're stretching.

 

[anglyn]

I don't know why you say his insurance is free and I have no oop. I still pay copays and deductibles for HIM (individual deductibles) and if I had no other children BUT him, I'd still pay the same $400/month premium and he was my only child for 11 years. And for those 11 years, I still paid that premium. Im not trying to be greedy here, I want to be fair, thats why I figured splitting it four ways was fair. To be honest, my other kids almost NEVER go to the doctor, my teen is the one getting sick, breaking bones and having allergic reaction, he's the one with a chronic illness. I actually offered keeping it as me paying premiums and even copays and him just help me with extra, like when a broken bone cost me $400 oop.

Right now Im trying to figure out whats fair so we can work it out WITHOUT The courts, but I honestly dont think Im stretching to ask for help with medical care, I thought that was standard.

 

[moburkes]

You're correct - OOP was the wrong word. I was ONLY talking about insurance premiums. Since you're only just now filing for child support, what you've done for the past 11 years doesn't matter. That is not part of this equation. Now, if you want to split the OOP expenses (right use of the work this time), then ASK for that in your child support papers.

 

[anglyn]

You know for many years just him doing "what he can when he can" was fine. Im only filing now because I have had no help in the last year and a half. I know he has now said he'll do 200/mo voluntarily if I drop the case, but nothing else, no help on medical. I know that the minimum amount awarded is like $150/mo. I just wondered how the courts would see the insurance issue. I was thinking, theoretically, if I were NOT with my other kids dad, then would both dads get out of helping with ins. since I had other kids that were not thiers? That doesnt seem fair or right! Thankfully Im not in that situation. I also see the point that my ex paying part of the premium would be like him helping with other kids medical, but isnt my husband covering all of it like him paying for my ex's kid? Which it exactly is. But I realize whats legal doesnt always go by what seems fair and right to me. I thought EITHER one fourth of the premium OR help with out of pocket stuff would be fair and right. My ex isnt exactly trying to get out of paying, he just doesnt want it to be court ordered, which I understand. If he cant pay it, him going to jail does not help me or our son. I would not even have filed if he hadnt bascially told me no multiple times to my requests for help. (and hey, Im not asking for, nor would I take,, money for my mortgage or anything like that. I dont really even care about a monthly amount. I just want help when there are big expenses like school clothes and medical bills, which is how we use to handle it but since he stopped doing even that, I felt like I had no other recourse.)

My ex has made the very point that If I didnt have our son, I'd still pay the same premium. True. ANd if I ONLY had our son, I'd still pay that same premium. So I thought splitting it by what percentage covered which kid would be fair. But maybe not the standard legal thing? I dunno. I just wondered how the courts do deal with that.

 

[moburkes]

You're not going to get reimbursed for school clothes - that is what child support is for. It is just plain old unreasonable to expect him to reimburse you for medical insurance. You will not be able to document the cost for him alone, because it just doesn't exist. Since the rate is the same for 1 child or 100 children, you will not be able to show any judge the additional expense that you incur for insuring him. Now, if he is on your husband's policy, you are more than welcome to get your OWN policy and add your son ONLY. At that point, you will be able to show proof that he costs you money. But, that would be ridiculous, wouldn't it?

1/2 the portion of out of pocket expenses for him alone is reasonable. Also, realize that if your ex reimburses you for 1/2 of the medical expenses, AND you pay a deductible, by helping you to satisfy that deductible, he is helping you satisfy some of your FAMILY deductible. Should HE, then, get a break since he is helping you satisfy the deductible for you, your spouse, and your other children? It works both ways...

 

[anglyn]

Ok, I dont GET child support. No where, no how did I ever say I want to be reimbursed for school clothes on top of child support. Where did I say that? I said I would be happy to get HELP with (not reimbursed for, say half of) that IN PLACE OF child support, which works out to be LESS THAN CHILD SUPPORT would be, see, that works in HIS favor and would be FINE with me. That is what I said. And that is what we did for many years. I only filed for child support because he stopped doing even that little. Wow, how unreasonable do you think I am?

And why is it unreasonable to expect him to HELP pay for HIS childs medical expenses? My oldest son is NOT free. Yes, it cost the same for one child or 100. That works both ways too, if I had no other children BUT his, I'd still have the same premium. ANd most standard custody agreements make the non custodial parent pay for that. BUt since I have other children, it would not be FAIR or RIGHT to make him pay it all and I never expected that he would. I just thought a portion would be fair. I didnt say the courts would award it, I said it would be FAIR And RIGHT, and it would be. Becasue if you can do simple math, you can divide 400 dollars by 4 kids and come up with the percentage that each one cost, even my ex has agreed with that, in fact, it was HIS idea. He would rather pay one fourth of the premium than pay any part of out of pocket expenses.

But I already agreed that paying out of pocket is reasonable. That was my FIRST idea, but my ex didnt want to do it, so I offered him paying a PORTION of the premium INSTEAD if HE'D rather, his choice.

Im really not interested in convincing a judge of anything. As Ive previously said, I would rather settle this OUT Of court, I just thought I'd try and find out what the standard things are so we would have some kind of baseline and not later end up with either of us feeling like we got hosed. Your response sounds defensive like Im over here trying to beat every last penny out of my ex. ANd Im not sure you read my entire post, when you say things like, "you arent going to get reimbursed for school clothes, thats what child support is for". I think, on the contrary, I am bending over backwards trying to be reasonable and find a solution that works for everyone.

 

[anglyn]

Nevermind, found the answer on another site. All child suport agreements are required by law to have a provision for medical care and the non custodial parent must provide it, or if it isnt availible through thier job, reimburse the other parent for all OR A PORTION OF, the premium and/or pay all or a portion of out of pocket expenses. (All or a portion depending on circumstances, other kids in the equation being one of those circumstance that can affect if its all or only a portion) Thats really all I needed to know. Thanks for your input though. I do appreciate anyone taking time to read and reply!

 

[stealth2]

Sorry you feel like you got your a$$ jumped for asking your question on a "mainstream" board. You might be interested in knowing that the folks at your "crunchy woo-woo" board have no legal basis for their responses to you. But they'll sure make you feel better about yourself.

 

[moburkes]

The courts are not concerned about right or fair, but, don't take my word for it, or the word of the attorney that responded, those gals on that other board agreed with you, so that's all that matters.

 

[MrsK]

OP-

My husband carries insurance for his other child & her portion of the premiums IS figured out. We have 3 kids on the insurance and he is given credit for 1/3 of the premium amt after they figure out the portion for the kids alone.

So YES, he can be made to pay his portion of the premiums and NO it is not unreasonable for you to ask that they do that. You may or may not get it.

And you can also ask that he carry insurance on the child in addition to your insurance, because then there is a primary & secondary insurance and there should be almost NO out of pocket expenses when there are 2 insurances.

 

[CJane]

OP-

My husband carries insurance for his other child & her portion of the premiums IS figured out. We have 3 kids on the insurance and he is given credit for 1/3 of the premium amt after they figure out the portion for the kids alone.

Yup. For us too... sort of.

For Asshat's CS, they used 1/3 of the premium for my son - even though it was the same for him + the girls. BUT only because the girls are covered on Stupidhead's insurance so the only 'reason' I'd have to pay the premium is to cover Asshat's son.

Likewise, Stupidhead gets full credit for the premiums he pays to cover the girls even though he has another child on the policy, because she came after the girls and so she's considered a 'freebie'.

 

[TinkerBelleLuvr]

My insurance premiums is split between my younger daughter (I have custody) and the one in college. I get no credit for college daughter, but other 1/2 lowers the amount of my income considered in income sharing.

I actually only keep the insurance BECAUSE of the one in college - we would qualify, because of my income, for Florida Kidcare, but then there would be nothing for the older daughter.