Legal Question in Family Law in California
50-50 Insurance responsablity
Existing custudy order 50%-50% shared by parents.I is ordered each party shall pay 1/2 non-insured medical,dental,and orthodontic expenses of the children.
Each party shall keep the children covered on any medical and dental insurance avalilable through their employment.
This is word for word copied from judgement.My qestion is this.If the dependants are covered on insurance throught my emplyeer and he has no insurance though his employeer is he responsable for 1/2 of the health insurance fees my company deduct from payroll every month?I so is he responsable for back payment accrued since the final judgment date?
3 Answers from Attorneys
Re: 50-50 Insurance responsablity
Dear Inquirer:
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If you haven't already done so, please visit my
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http://www.CaliforniaDivorceAttorney.com
The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).
NOW, IN RESPONSE TO YOUR INQUIRY --
Insurance premiums are not split; they already are included in the net disposable income calculation.
Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.
Re: 50-50 Insurance responsablity
You are receiving credit for the insurance costs you are enturing for medical insurance. I have calculated support both ways and it makes no real difference in the amount of support.
He is responsible for 1/2 of the uninsured medical costs, whether or not he has medical insurance.
Reply: 50-50 Insurance responsablity
No, the cost of insurance is not split between the parents, the non reimbursed medical expenses are. The cost of the insurance is taken into consideration in the guideline child support calculation.
You will find some valuable information on various family law issues at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.net
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