Palm Bay, FL asked in Child Support for Florida

Q: Child Supp Fla, ex spouse remarried. Kids Health Ins transferred to her new spouse. Grounds 4 me to 2 file reduction?

Her new spouse's insurance primarily covers himself, his own 2 kids, now my ex, and now my 2 kids. "As we all know" there is no increase in cost just to add 2 additional children to a healthcare policy.

Child Supp included health care coverage costs for our own children. She personally now is not the primary health care policy holder nor currently has the cost deducted from her paycheck. Since my 2 kids were "added" after, to the insurance policy, is this grounds to have child support reduced in my favor? The new spouse is listed as the "primary health insurance policy holder".

I want to file for child support reduction, to recalculate for a.health insurance cost reduction, as well as, b.her income which had increased the last 2 years.

Related Topics:
1 Lawyer Answer
Rand Scott Lieber
Rand Scott Lieber pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Hollywood, FL
  • Licensed in Florida

A: Child support is always modifiable. If you file for a modification the court will look at each parent's current income to do the new calculation. It is possible that the court will take the family health insurance premium and figure out what portion is paid for your children only. It does not matter that her new spouse is making the payment, she is still providing the health insurance and not you.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.