How can I persuade the judge to reduce a healthcare premium on the income and expense declaration?

Question

I was just notified that my daughter's mother's healthcare insurance has increased from her income and expense declaration from $300 a month to $1540 per month. She is married and has a daughter with her husband and is currently pregnant. Her husband has three other children who do not stay at the home. I think that she is covering herself, her daughter, her pregnancy, and her husband through her insurance. It increases the projected support amount $270 more per month now. How can I argue against this in court?

James L. Arrasmith · Answer

Here are a few potential arguments you could make to the judge to try to reduce the healthcare premium amount on the income and expense declaration: 
 
1. Argue that the healthcare costs should be allocated proportionally. If your ex is covering other family members besides your daughter on the plan, you could argue that the cost should be prorated or allocated based on the number of people covered, with you only being responsible for the portion attributable to your daughter.  
 
2. Question whether a less expensive health insurance option is available. You could argue that $1540/month seems like an unusually high premium and ask the court to require your ex to obtain quotes for more affordable plans. If she voluntarily chooses an expensive plan when cheaper options are available, you could argue against being held responsible for the excess cost. 
 
3. Argue that including her pregnancy and covering her husband's children is voluntary and goes beyond her obligation to provide health insurance for your daughter in common. Those extra costs are her choice/responsibility. 
 
4. Demonstrate the financial hardship the increased amount would cause you and argue that such a large increase is unreasonable and not in the best interests of the child you have in common. Outline your income, required expenses, and ability to pay. 
 
5. If your current child support order was based on the previous $300/month insurance amount, argue that radically increasing that cost to $1540/month constitutes a change in circumstances warranting a reevaluation of the total support amount. 
 
The best approach will depend on the specific facts of your case. Consulting with a family law attorney to develop the strongest arguments is advisable. Hopefully these suggestions give you a starting point for challenging this substantial insurance cost increase. Let me know if you have any other questions!

Q: How can I persuade the judge to reduce a healthcare premium on the income and expense declaration?