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Ex Not Paying Health Insurance Premiums

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  • 04-15-2012, 10:18 AM
    Atjmax
    Ex Not Paying Health Insurance Premiums
    My question involves child support in the State of: GA

    My husband has an income of 3908 per month and pays $1360 in child support for 2 six year old twins. At the time of the divorce decree his income was $4000 per month, it has been reduced due to mandatory furlough days for teachers. On the child support worksheet an income of zero was imputed for the mother and she was also supposed to pay $245 for health insurance. Based on the fact that she has never paid health insurance and no income was imputed for her is it possible to get the amount of child support reduced since she does work 2 days a week as a substitute teacher since she can live comfortably off of the child support we pay her. Also since she has never paid any health care could we request a refund. Can child support amounts be modified based on the fact that she isn't paying the insurance that she claimed to pay?
  • 04-15-2012, 10:26 AM
    Dogmatique
    Re: Ex Not Paying Health Insurance Premiums
    Was she working when child support was set?

    When was it set?

    Has it been modified since then?
  • 04-22-2012, 01:40 PM
    #1dad727
    Re: Ex Not Paying Health Insurance Premiums
    I'm not a lawyer, but I do believe you can impute her income based on her "Earning Potential." In the State of Florida (not sure about Georgia), if you can prove that the person is "Voluntarily Underemployed" you can impute income based on his or her "Earning Potential." You should argue that if she can work 2 days a week as a teaching assistant, she should be able to work full-time as a teacher; that is, if she is not disabled and/or does not have to take care of a disabled child that she needs to stay home with.

    In regards to the healthcare question, since her portion of the obligation is healthcare, your obligation is adjusted based on this. You should be able to get a refund based on her not paying for the child’s healthcare.
  • 04-22-2012, 02:01 PM
    Dogmatique
    Re: Ex Not Paying Health Insurance Premiums
    1. Georgia law is not Florida law.

    2. The questions I asked actually matter ;)

    3. There is generally a huge difference between a TA and a teacher.
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