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  1. #1
    Join Date
    Oct 2013
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    Pennsylvania
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    15

    Default Health Insurance Premiums and Child Support

    My question involves child support in the State of: PA

    Hi,

    I have Primary Physical Custody of the child. In our previous order, I am the obligee. The child has health insurance through my employer and the cost comes out of my paycheck. My ex has Petitioned for a Modification. My ex does collects SSD and is on Medicare. My ex cannot provide Health Insurance for the child.

    Rule 1910.16(b)(1) Health Insurance Premiums reads:
    A party’s payment of a premium to provide health insurance coverage on behalf of the other party and/or the children shall be allocated between the parties in proportion to their net incomes, including the portion of the premium attributable to the party who is paying it, as long as a statutory duty of support is owed to the party who is paying the premium.


    My questions are:
    * Does my ex has a statutory duty of support owed to me? I assume so because I am the obligee in the Child Support case.

    * If above is true my ex would be responsible for paying a portion of the cost of my health insurance as well as a portion the child’s health insurance?

    Thank you

  2. #2
    Join Date
    Sep 2005
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    Default Re: Health Insurance Premiums and Child Support

    Unless the court ordered your ex- to provide health insurance for you in your divorce judgment, you're responsible for your own health insurance.

  3. #3
    Join Date
    Oct 2013
    Location
    Pennsylvania
    Posts
    15

    Default Re: Health Insurance Premiums and Child Support

    Thank you Mr. Knowitall,

    My Divorce Decree does not obligate my ex to provide health insurance for me.
    For clarification, the "statutory duty of support" this clause refers to has nothing to do with me being the obligee in a Child Support case.

    Again thank you.

  4. #4
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Health Insurance Premiums and Child Support

    Quote Quoting as42dcwsdf2
    View Post
    Thank you Mr. Knowitall,

    My Divorce Decree does not obligate my ex to provide health insurance for me.
    For clarification, the "statutory duty of support" this clause refers to has nothing to do with me being the obligee in a Child Support case.

    Again thank you.
    Your ex has no statutory duty to support you. That clause is clear that the party only has to share in the cost of your health insurance if the party already has a statutory duty to support YOU.

    However, when a child support obligor is on SSDI, the benefits received for the children are generally considered to be a replacement for all child support. Therefore its quite possible that the end result of your case will be that the children's benefits will be considered as full child support for the future.

  5. #5
    Join Date
    Sep 2005
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    Default Re: Health Insurance Premiums and Child Support

    Quote Quoting as42dcwsdf2
    View Post
    For clarification, the "statutory duty of support" this clause refers to has nothing to do with me being the obligee in a Child Support case.
    Right. He's your ex-spouse, and you have confirmed he is not court-ordered to provide you with health insurance, so he has absolutely no duty, statutory or otherwise, to do so.

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