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Health Premiums part of CS calculations

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MBMom

Member
What is the name of your state? Oklahoma

This may be different in other states, but I was wondering if someone could answer this question for me. When cs if being calculated, and a health care premium is being added in for the child which one of the parents pays, should the premium be the entire amount you pay (which can include coverage for others and not just the child) or are you supposed to use the amount that specifically pays for just the child?
 


Silverplum

Senior Member
Obviously the right thing to do is to prorate the insurance cost to determine the true cost of the child/ren's coverage. I have had two experiences with this in CO: when the other party tried to take full credit for the full cost, I countered with the true amount and won that point both times. The mediator (in one case) and the judge (in the other) were UNimpressed with the other party for the attempt.

I found specific info on this issue in OK:

11. a. The actual medical and dental insurance premium for the child shall be allocated between the parents in the same proportion as their adjusted gross income and shall be added to the base child support obligation. If the insurance policy covers a person other than the child before the court, only that portion of the premium attributed to the child before the court shall be allocated and added to the base child support obligation.

b. If the obligor pays the medical insurance premium, the obligor shall receive credit against the base child support obligation for the obligee's allocated share of the medical insurance premium.

c. If the obligee pays the medical insurance premium, the obligor shall pay the obligor’s allocated share of the medical insurance premium to the obligee as part of the base child support obligation;

http://www.oscn.net/applications/oscn/deliverdocument.asp?citeID=439676
 
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VeronicaGia

Senior Member
MBMom said:
What is the name of your state? Oklahoma

This may be different in other states, but I was wondering if someone could answer this question for me. When cs if being calculated, and a health care premium is being added in for the child which one of the parents pays, should the premium be the entire amount you pay (which can include coverage for others and not just the child) or are you supposed to use the amount that specifically pays for just the child?

I think it would depend on how the insurance company charges for coverage.

For instance, in the case of my employer there are four options:

Employee only
Employee plus spouse
Employee plus family
Employee plus children

The employee plus family includes a spouse and child(ren) and costs the same whether there is one child or 100. Employee plus children costs the same whether there is one child or 100. So, it would be impossible to figure out the difference, and without the court order, the obligor would not have to have the insurance on any child.

I doubt too many insurance companies charge based on how many children one has. It would be an impossible task.
 

Silverplum

Senior Member
I agree with you, VeronicaGia, on your point.

In Colorado, what we had to do was this:
Take the Self-And-Family option amount, subtract Self amount. Divide the remainder by covered members other than Self. That amount, multiplied by the number of children included in the court order is the portion that is allowable to be charged as health insurance coverage cost.
 

MBMom

Member
VeronicaGia, I understand your point regarding separating the costs if there were more children. However, ncp is not married nor does he have any other children. He has already stated that he and son are only ones covered on his policy. However, he is claiming that the amount being deducted is for just our son, yet he can't explain why it does not show anywhere else where he's paying for his own coverage. Besides needing to prove this, my own dad works for the same place as ncp does, so I'm getting the paperwork directly from company. It even clearly states the premium ncp would pay if he only had coverage for himself. Therefore, I don't see why it's so hard to take that amount from the amount he's paying and come up with the amount it's costing him for our son as an addition. Does that make sense?

Rate Sheet states:

Self - $37.99
Self & Family - $88.99

So how hard is it to figure out that he's paying $51.00 for our son's coverage? It seems clear to me. Yet, he's claiming, "No, I pay $88.99 for son only!"

Thanks also, Silverplum for the link.
 

MBMom

Member
Well, it took a lot of explaining, but it seems as though NCP and attorney are finaling understanding and have admitted their mistake. I swear, I didn't realize just figuring out the final court order, shared parenting plan and child support was so difficult.
 

Gracie3787

Senior Member
MBMom said:
VeronicaGia, I understand your point regarding separating the costs if there were more children. However, ncp is not married nor does he have any other children. He has already stated that he and son are only ones covered on his policy. However, he is claiming that the amount being deducted is for just our son, yet he can't explain why it does not show anywhere else where he's paying for his own coverage. Besides needing to prove this, my own dad works for the same place as ncp does, so I'm getting the paperwork directly from company. It even clearly states the premium ncp would pay if he only had coverage for himself. Therefore, I don't see why it's so hard to take that amount from the amount he's paying and come up with the amount it's costing him for our son as an addition. Does that make sense?

Rate Sheet states:

Self - $37.99
Self & Family - $88.99

So how hard is it to figure out that he's paying $51.00 for our son's coverage? It seems clear to me. Yet, he's claiming, "No, I pay $88.99 for son only!"

Thanks also, Silverplum for the link.

When the Dept. of Revenue and court did my husband's modification they figured the health care cost this way:

CP's total premium per month- $400.00

Total # of children/persons covered- 5

Number of NCP's children covered- 2

$400.00 divided by 5 = $80.00 per person

Cost of NCP's childrens' coverage- $160.00 (2 times $80.00)

Using the same formula for your case it would be $88.99 divided by 2 (parent and 1 child) = $44.50 monthly cost for child only.

I hope this helps.
Gracie :)
 

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