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GoIllini · Nov 21, 2012, 10:33 AM

Non Custodial and I had child support through the State of Illinois. Teenage daughter thought she wanted to go to his school district (10 minutes from my house.. just in another district). So, we stopped child support (through the state) and had a "joint custody" and "chid support" agreement signed and notarized. This lasted 2 weeks, our child was depressed, stressed, etc. Even took her to the Dr offerred to write a note suggesting she go back to old school district because it was so bad. It was horrible. I put my foot down and said she was coming back to live with me (which she was at my house every night because she didn't want to sty with father anyway). Father very mad at this. Our child support was to be he pay for all at his house I pay for at my house and extras (clothes, fees, dr, etc) all be split. He paid one time (had a fit about it.. thought was too much) then quit.

My question is: I have an appointment with attorney in December. But, do you think we can backdate any child support? (We both went back on agreement/ I chose for her to come back to my school district while he chose not to pay). I have kept a record of all her "extras". Also, since I have to hire attorney... is there anyway to order we split costs if he goes pro se?

Some background- the reason for the move- in my opinion, father has "brainwashed" child into thinking that this school was her only option to play college sports. I even took her to a third party coach to talk to about options... this coach confirmed that division 1 she would need to change schools. Daughter just wants to play ball/ div 1, 2, 3 she really doesn't care. After her move back, father did not speak with daughter for 2 months because he was mad. He has only ever attended her sports events (never gymnastics, ballet, band, ffa, fccla, etc).

GoIllini · Nov 21, 2012, 10:44 AM

Also, I have NEVER asked for additional $. Last child support was $320 per month. My husband has always (last 10 years) provided health insurance for child and we have paid co pays and deductibles. I have always tried to be fair. I have never not let father see child.

AK lawyer · Nov 21, 2012, 11:51 AM

So you had a child support order, voluntarily agreed to a reduced amount (with no corresponding court order), and now want to reinstate the former order? Chances are you are entitled to enforce the earlier order with modifications to reflect the changed custody agreement for the period when it was in effect.

GoIllini · Nov 21, 2012, 01:19 PM

I signed off to discontinue child support with the state courts. So, I wonder if they might backdate to when he stopped paying.

GoIllini · Nov 30, 2012, 07:27 AM

For numerous reasons, we closed our child support case and signed an agreement (not with the courts) for joint custody and joint/ share support. This lasted 2 weeks- he paid one time. Daughter with me 90% of time and he pays $0. I am going to an attorney in a few weeks. Do you think that I will be able to go back to when he stopped paying or when we file? Illinois

GoIllini · Nov 30, 2012, 11:22 AM

I was trying to be fair but an disagreement caused non custodial to flip and just stop paying (and for awhile didn't even see his daughter). I wish people would understand that all of us custodial parents are not bad!

GoIllini · Feb 22, 2013, 11:42 AM

Non custodial pays for HIS health insurance. I pay for our daughter's insurance. So, when calculating child support- is he able to subtract the health insurance he pays for (for himself)?

JudyKayTee · Feb 22, 2013, 12:04 PM

How is this addressed in the Support Order?

His health insurance premium does not benefit the child; therefore, it is not child support.

GoIllini · Feb 22, 2013, 12:10 PM

Originally Posted by JudyKayTee

How is this addressed in the Support Order?

His health insurance premium does not benefit the child; therefore, it is not child support.

This is all being addressed currently. Attorney stated we would subtract health insurance premiums... but I believe attorney was under the impression that non custodial was paying health insurance for our child.. . which is not correct. The health insurance premiums are only for the non custodial individual health ins.

JudyKayTee · Feb 22, 2013, 12:19 PM

In my eyes your husband could then justify buying himself new shoes and claiming them - the child would not benefit and the shoes are not a tax deduction.

Interesting -

GoIllini · Feb 22, 2013, 12:21 PM

I have contacted my attorney to explain this situation. I agree... HIS health insurance premium should not have an impact on child support. Only if he is paying/ or helping to pay for our child's health insurance.

JudyKayTee · Feb 22, 2013, 12:34 PM

I agree -

cdad · Feb 22, 2013, 03:22 PM

Originally Posted by GoIllini

I have contacted my attorney to explain this situation. I agree...HIS health insurance premium should not have an impact on child support. Only if he is paying/ or helping to pay for our child's health insurance.

Sorry but I believe this is wrong. What your going to need to do is go off his tax return and get the totals from there. Insurance (health) is calculated at pre tax dollars. So it is not included as income. It is a zero sum gain. You may not perceive it as benefiting the child. But having the non custodial parent in the child's life is a benefit to the child. So making sure they stay alive and healthy by buying health insurance would not be outside the courts wishs.

JudyKayTee · Feb 23, 2013, 08:59 AM

Califdad - I completely misunderstood the question. I wasn't looking at the factor in expenses and income when child support is calculated. I was thinking along the lines of crediting HIS health insurance premiums against the total support which is ordered.

I was thinking he's ordered to pay $X and part of that is $Z representing HIS health insurance premiums and so he actually owes $X minus $Z = $Y.

AK lawyer · Feb 23, 2013, 09:52 AM

Originally Posted by califdadof3

... What your going to need to do is go off of his tax return and get the totals from there. Insurance (health) is calculated at pre tax dollars. So it is not included as income. It is a zero sum gain. ...

Incorrect.

Health insurance is not tax deductible. A portion of medical expenses (including medical insurance) may be if the taxpayer itemizes.

Originally Posted by califdadof3

... It is a zero sum gain. You may not percieve it as benefiting the child. But having the non custodial parent in the childs life is a benefit to the child. So making sure they stay alive and healthy by buying health insurance would not be outside the courts wishs.

Also incorrect. Expenses necessary to maintain the child support obligor are not deductable for the purpose of calculating child support. Taking JudyKay Tee's example, the father can't go to work barefoot. He needs to buy shoes to make a living. But that doesn't mean shoes are deductable from income for the purpose of figuring child support owed. Good grief!

JudyKayTee · Feb 23, 2013, 11:04 AM

I'm not sure if OP is asking if the amount the father pays for his health insurance is a credit toward child support OR a tax deduction -

AK lawyer · Feb 23, 2013, 11:20 AM

Originally Posted by JudyKayTee

I'm not sure if OP is asking if the amount the father pays for his health insurance is a credit toward child support OR a tax deduction -

OP wrote "... when calculating child support- is he able to subtract the health insurance he pays for (for himself)? " I assumed OP was asking if the father could subtract it from his income before plugging that figure into a formula resulting in the CS he must pay (analogous to a tax deduction rather than a tax credit). I don't think the father is entitled to claim either.

Gross taxable income, from one's tax return, can in many places be used as a starting figure in calculating CS. The idea is that family courts don't want to re-invent the wheel when it comes to figuring out how much the parties make.

ScottGem · Feb 23, 2013, 01:08 PM

Lets get this straight. The state and we don't know what state this is, may base support on gross pay or taxable income. If health insurance premiums (and some premiums are pre-tax) not included in taxable income then they could affect the amount of support ordered.

On the other hand, once an award is made, the amount of premiums paid would not be deducted from the support award.

JudyKayTee · Feb 23, 2013, 01:32 PM

Hi Scott - Illinois.

cdad · Feb 23, 2013, 03:03 PM

Originally Posted by AK lawyer

Incorrect.

Health insurance is not tax deductible. A portion of medical expenses (including medical insurance) may be if the taxpayer itemizes.

Also incorrect. Expenses necessary to maintain the child support obligor are not deductable for the purpose of calculating child support. Taking JudyKay Tee's example, the father can't go to work barefoot. He needs to buy shoes to make a living. But that doesn't mean shoes are deductable from income for the purpose of figuring child support owed. Good grief!

Maybe your misunderstanding things.

Read this and then see how it applies to pretex dollars.

What does it mean when you have pre-tax dollar health insurance premiums deducted from your pay? - eXtension

http://wayne.edu/hr/tcw/health-welfa...ax-medical.php