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Insurance Premiums and Child Support

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  • 09-04-2014, 09:29 AM
    amber52377
    Insurance Premiums and Child Support
    My question involves child support in the State of: Florida

    I'm starting the divorce process which is thankfully amicable other than establishing child support. We agree on custody but are disagreeing over how medical/dental premiums should be handled. I carry all the policies for the family. Since I have 2+ dependents, I have a family plan through work. Several months ago when finances were split, my husband started reimbursing me a portion of the premiums. It was all done very informally. Now, he wants the money he pays to me to be included on the child support worksheet. I am arguing no bc he can't prove that he's actually paying a portion the the premium that is deducted via payroll.

    So my question - can the amount he reimburses me be used in calculating child support even though I officially pay the entire premium?

    Thanks!
    Amber
  • 09-04-2014, 01:25 PM
    llworking
    Re: Insurance Premiums and Child Support
    Quote:

    Quoting amber52377
    View Post
    My question involves child support in the State of: Florida

    I'm starting the divorce process which is thankfully amicable other than establishing child support. We agree on custody but are disagreeing over how medical/dental premiums should be handled. I carry all the policies for the family. Since I have 2+ dependents, I have a family plan through work. Several months ago when finances were split, my husband started reimbursing me a portion of the premiums. It was all done very informally. Now, he wants the money he pays to me to be included on the child support worksheet. I am arguing no bc he can't prove that he's actually paying a portion the the premium that is deducted via payroll.

    So my question - can the amount he reimburses me be used in calculating child support even though I officially pay the entire premium?

    Thanks!
    Amber

    I am not entirely sure what it is he wants you to do. However, on the worksheet it would show you paying the entire premium, and then his proportional share would end up included in the child support calculation as part of child support. So, he would then be paying you his share of the premium through child support, rather than separately.
  • 09-05-2014, 09:33 AM
    amber52377
    Re: Insurance Premiums and Child Support
    Quote:

    Quoting llworking
    View Post
    I am not entirely sure what it is he wants you to do. However, on the worksheet it would show you paying the entire premium, and then his proportional share would end up included in the child support calculation as part of child support. So, he would then be paying you his share of the premium through child support, rather than separately.

    He is wanting to use the amount he reimburses me as his insurance payment that helps determine his monthly income for child support purposes. My premium will be the same with or without him on the policy so I say he doesn't get to use that money as an adjustment which will lower his gross income which will affect how much I get.
  • 09-05-2014, 10:41 AM
    llworking
    Re: Insurance Premiums and Child Support
    Quote:

    Quoting amber52377
    View Post
    He is wanting to use the amount he reimburses me as his insurance payment that helps determine his monthly income for child support purposes. My premium will be the same with or without him on the policy so I say he doesn't get to use that money as an adjustment which will lower his gross income which will affect how much I get.

    You are correct. He doesn't get to do that. That would mean he was double dipping. Your full premium goes on there, and what he is paying you does not. However, again, he won't be paying you any separate payments any longer for the health insurance, because the calculated child support will now cover that.
  • 09-05-2014, 11:08 AM
    Mr. Knowitall
    Re: Insurance Premiums and Child Support
    Quote:

    Quoting llworking
    View Post
    You are correct. He doesn't get to do that. That would mean he was double dipping.

    If you are talking about insurance for the children, I agree with you -- mom gets to reduce her gross income by the amount of the premium, and dad's child support payment covers his contribution to insurance.

    But I think mom is addressing a different issue -- "He is wanting to use the amount he reimburses me as his insurance payment...." That is, dad is presently still on her insurance policy, and is giving her money toward the premium due to his own continued coverage. While that, also, is likely to end when the divorce is final -- with dad getting COBRA coverage or obtaining his own separate coverage -- as long as he is paying part of the premium in an agreed amount for himself, he has a reasonable statutory argument for deducting that amount from his gross income. In this context, as mom is getting reimbursed by dad for part of the premium, it would be mom who is double dipping by claiming the entire premium as a deduction from her own income while pocketing the reimbursement of dad's payment for his own coverage.

    Per statute, "Net income is obtained by subtracting allowable deductions from gross income. Allowable deductions shall include:... (e) Health insurance payments, excluding payments for coverage of the minor child." The statute does not restrict that deduction to insurance paid through payroll deductions.
  • 09-05-2014, 12:59 PM
    llworking
    Re: Insurance Premiums and Child Support
    Quote:

    Quoting Mr. Knowitall
    View Post
    If you are talking about insurance for the children, I agree with you -- mom gets to reduce her gross income by the amount of the premium, and dad's child support payment covers his contribution to insurance.

    But I think mom is addressing a different issue -- "He is wanting to use the amount he reimburses me as his insurance payment...." That is, dad is presently still on her insurance policy, and is giving her money toward the premium due to his own continued coverage. While that, also, is likely to end when the divorce is final -- with dad getting COBRA coverage or obtaining his own separate coverage -- as long as he is paying part of the premium in an agreed amount for himself, he has a reasonable statutory argument for deducting that amount from his gross income. In this context, as mom is getting reimbursed by dad for part of the premium, it would be mom who is double dipping by claiming the entire premium as a deduction from her own income while pocketing the reimbursement of dad's payment for his own coverage.

    Per statute, "Net income is obtained by subtracting allowable deductions from gross income. Allowable deductions shall include:... (e) Health insurance payments, excluding payments for coverage of the minor child." The statute does not restrict that deduction to insurance paid through payroll deductions.

    I see what you mean. I was commenting on the children's coverage only. Not on the coverage for either of the adults. However, the amount of the adult premiums would not factor into a child support calculation anyway. Mom doesn't get to deduct her portion of the premium from her income either...only the kids portions.
  • 09-05-2014, 01:07 PM
    Mr. Knowitall
    Re: Insurance Premiums and Child Support
    Statutorily, "Health insurance payments, excluding payments for coverage of the minor child" are deducted from gross income as part of the calculation of each parent's net income.
  • 09-05-2014, 04:52 PM
    EA1070a
    Re: Insurance Premiums and Child Support
    Quote:

    Quoting llworking
    View Post
    I see what you mean. I was commenting on the children's coverage only. Not on the coverage for either of the adults. However, the amount of the adult premiums would not factor into a child support calculation anyway. Mom doesn't get to deduct her portion of the premium from her income either...only the kids portions.

    Honestly, the difference in support due would be negligible unless mom is paying far above and beyond what most employers charge for premiums.

    And the line that stood out to me was when mom stated he can't prove he is paying her money to go towards his portion. That comes across the wrong way.
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