Ogden, UT asked in Family Law for Utah

Q: My ex wants to pay less for health insurance now that my new family is on my plan.

When I got divorced I carried my 2 kids on my insurance plan. It goes in 3 stages. Individual, +1, and family. So we took the family price and minus the individual price then divided it by 2 and got our price we split. I have since got married and added my wife and her 3 kids to my plan and I still pay just the family plan. She now wants to take the family price and minus the +1 price and divide by 5 kids. Does this sound right? I don't think it does because no matter what it cost the family price to insure my kids and its my good job and good insurance that luckily covers my whole family at one price.

Thank you for your time.

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1 Lawyer Answer
Paul Waldron
Paul Waldron

A: In Utah, the correct formula is to take the entire amount of the insurance, regardless of the various pricing structure, divide it by the number of people covered (including your new wife and 3 kids), multiply that number by the number of children with your ex-wife covered by the plan, then divide by 2. See Utah Code Annotated Section 78B-12-212, especially subsection (5).

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