CA courts - Q on Health Insurance
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We have primary custody of SS13. DH is considering sending him to live with his mom. SS13 is currently on my health insurance and BM doesn't (nor has she ever) pay any support. Clearly, DH would be ordered to pay child support should primary custody flip.
I'm wondering if we would get a credit for providing him with health insurance or if DH would not be ordered to cover him since it's my insurance he's on.
Anyone have any experience with this?
It could go either way... it
It could go either way... it all depends on the court. Does BM work? Does BM have access to health insurance? If DH makes more money than her then he likely would be ordered to pay for a higher percentage of health insurance costs....
As far as a credit-- like him paying less because he's providing health insurance? Probably not going to happen.
What does the current CO
What does the current CO state with regard to health insurance?
Typically, the noncustodial is responsible for covering the child. So, even if it's your insurance, if you choose not to do it, the court can order HIM to carry it. However, the court typically allow for a credit within reason.
If, say, your coverage is $50 a month, and it would cost DH $500 a month, they may give you only the $50 credit since you could be choosing the higher cost of coverage just to reduce the amount paid in CS.
If you are considering a custody change, I'd highly recommend an attorney. The CS rates in CA are super high, and he could be on the line for buckoo bucks.
I'm not sure if we will do
I'm not sure if we will do this. We are just starting to discuss and work through the different implications.
The current order does not stipulate any child support. BM asked for spousal support from DH (even though they were seperated for 7 years) and DH asked for child support. At the day of the hearing, DH hadn't been working as he is a contractor and BM had only been working 5 hours a week for the past year. The judge ran the numbers based on DH's previous tax returns. He ran the basic support calculation for spousal and child support based on DH's and BM's returns for the previous year and it came out to DH OWING BM $400 a month. He decided to award nothing.
So it has been in the back of our head that we may definitely open up the child support issue at some time. But with SS13's behavior and BMs PASing, we are investigation implications of a change in custody.
And just to be clear, the
And just to be clear, the court order does not have ANY financial implications at all. NOthing on health insurance, nothing on sharing of costs, nothing on monthly amounts, etc.