Q: The settlement agreement states a split of the enhanced premium for the kids medical, is that over the current number
Says my ex continues to provide insurance but the enhanced premium is split between us
A:
No lawyer should answer your inquiry without seeing the language of your agreement, the applicable child support guideline work sheet and any documents used to determine the cost sharing aspect of your child's health insurance coverage.
As a simple example, if you and your ex used the child support guidelines as part of your divorce for purposes of determining his child support and in preparing the guidelines, included the cost of your child's share of the health insurance coverage, then it would amount to a double dip since your ex already received an adjustment to his child support obligation in the guidelines.
A: Thank you for the question. The interpretation of this issue should be based on the specific language of your settlement agreement. It is likely that the “enhanced premium” is considered a premium greater than the premium cost for the child’s coverage at the time of the divorce. Based on your question, it appears that he pays up to the premium cost at the time of the divorce, and if it is more you share the cost. I suggest you have an attorney review the settlement agreement to confirm. Also, if he is asking for your contribution, you should be entitled to supporting documentation confirming the cost of insurance coverage solely for the child/children at the time of the divorce versus now.
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