[fox1530]

Hi, I'm a non-custodial parent that pays child support for two kids. I have a family plan for medical insurance through my employment. As of 1/07 I will be paying $280 mo. On this plan 5 people are covered including my 2 kids I'm paying support. When calculating support and figuring in the medical insurance, how should the amount be acquired to be figured in? Should $280 be the amount figured? Should the number of people be a factor? Or since 2 or more is the family plan, would we say that it would cost $280 for the two I'm paying support on, and it would also be $280 for the other 3 family members, should the $280 be divided into half and $140 would be the amount figured in as cost for medical insurance when calculating support?

[Fr_Chuck]

It would basically depend on the court order, normally support payments don't include what you pay for insurance, unless this was some arrangement you made with the court.

In general if you are suppoe to pay X dollars a month, the court wants X dollars paid. Then the court can require insurance to be paid also.

And if you would have to pay 280 for your other children, no addition is being paid, there is no additional cost to you to insure them.

[s_cianci]

Talk with a lawyer. If you're paying $280/mo. For the health insurance in addition to the actual child support, then you should file a motion with the court to modify the amount of actual child support you're paying to allow for the $280/mo. You're paying for health insurance. A big factor in determining whether a modification would be in order would be whether you'd still have to pay the $280 if, all other things being equal, you didn't have these two kids. You say that 5 people are covered on your plan, including the two kids in question. I assume you're one of the 5 people you refer to. That leaves 2 more, a spouse and another child I presume. Even without the 2 kids, would it still be $280 or would it be a lower amount? If yes, then the difference you have to pay for your insurance could be applied against the support you pay ; it'd be up to the judge. If, however, it'd still be $280 even without these 2 kids, then it's doubtful that that'd form a basis for a modification of the support amount.

[ScottGem]

What s_cianci said. Since you would be paying for family coverage anyway, then you could not apply the amount towards your support. If there was a extra cost for each kid the insurance carrier could tell you're the extra 2 kids cost.